Kerry Underwood

RECOVERABLE HOURLY RATES

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In JXA v Kettering General Hospital NHS Foundation Trust [2018] EWHC 1747 (QB) (09 July 2018)

a High Court Judge was considering an appeal from a Costs Master in relation to hourly rates allowed in a high value clinical negligence – potentially as much as £20 million – arising from the Trust’s negligent treatment of the claimant during his birth.

The Master had allowed the following rates:

  £
Grade A partner   350 an hour;
Grade C assistant solicitor 200 an hour;
Grade D trainee/paralegal 150 an hour.

 

The claimant’s solicitors had sought the following:

  £
Grade A partner   380 an hour to 31 March 2013, rising by £10 each to 31 March up to £420 by the end of the case;
Grade C assistant solicitor 270 an hour from 1 January 2017;
Grade D trainee/paralegal 150 an hour to 31 March 2013 rising by £10 each to 31 March to £190 by the end of the case.

 

While finding that the Master had not properly addressed the issue of whether choosing the Central London firm was reasonable, as required by:

Wraith v Sheffield Forgemasters Ltd & Truscott v Truscott [1998] 1 WLR 132(CA)

the Costs Master had in fact arrived at appropriate hourly rates and thus the appeal was dismissed.

 

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Written by kerryunderwood

August 22, 2018 at 8:10 am

Posted in Uncategorized

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