Rezek-Clarke v Moorfields Eye Hospital NHS Foundation Trust [2017] EWHC B5 (Costs) (17 February 2017) 

Costs in clinical negligence: proportionality

CPR 44.3(2)(a) “…Costs which are disproportionate in amount may be disallowed or reduced even if they were reasonably or necessarily incurred…”

By consent order… judgment was entered for C in the sum of £3,250 (settlement figure) and D was ordered to pay C’s costs of the claim on a standard basis

C’s solicitors served Bill of Costs in the sum of £72,320.85

Court carried out a provisional assessment and assessed the bill in the sum of £24,604.40

Costs of £72,320.85 for a low value medical negligence claim are disproportionate. They do not bear any reasonable relationship to the sums in issue in the proceedings. The litigation was not particularly complex, no additional work was generated by the conduct of the Paying Party and there were no wider factors involved in the proceedings such as reputation or public importance. (paragraph 25)

Costs incurred are proportionate if they bear a reasonable relationship to the sums in issue in the proceedings… (paragraph 69)