The point determined was one of significance with reference to the manner in which catastrophic injury claims are handled, specifically whether Claimant solicitors can recover the costs of multi-disciplinary meetings connected with the Claimant’s rehabilitation, whether with the case manager or financial deputy, and if so whether the Court should place any limits on the recovery of these costs or leave it open for arguments at costs management or detailed assessment.

At first instance, Master McCloud had determined the point of principle against the Claimant, finding that such costs were not progressive and therefore not recoverable. The Court of Appeal has unanimously found for the Claimant on both grounds of his appeal: that the test applied was incorrect; and that this element of costs is recoverable in principle. The need for costs to be reasonably and proportionately incurred remains; it would be wrong to assume that these are always recoverable with each matter being fact specific. Recoverability will depend on the application of the 3 criteria in Re Gibson’s Settlement Trusts. Reasonable and proportionate costs of the Claimant’s rehabilitation meeting the above criteria will generally be recoverable in accordance with Brown v Alexander, The Serious Injury Guide and the Rehabilitation Code.

The judgment is a significant win for Claimants, as no longer can Defendants challenge these costs on the point of principle. The judgment also provides clarity regarding the recovery of such costs.

For more information please contact:

Rebecca Robson, Costs Lawyer

01480 220823

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