King v Basildon & Thurrock University Hospitals NHS Foundation Trust [2016] EWHC B32 (Costs) (30 November 2016)

Clinical negligence case – costs incurred and reasonable in amount.

The only issue as far as I was concerned in relation to proportionality was whether or not I should use the base costs figure of £88,337.58 or the total figure of £234,251.08…

Accordingly, when considering whether the costs in this case were proportionate, the relevant costs to consider against the five factors in 44.3(5) were in my judgment the base costs, exclusive of success fee and ATE premium, in the sum of £88,337.58. (paragraph 32)