Understanding Costs Budgeting in High Value Clinical Negligence Cases

Introduction

Although CPR 3.12(1(a)) disapplies costs budgeting to all claims over £10m unless the Court orders otherwise and in clinical negligence claims you are used to relying on this provision in the CPR, there is a growing trend by defendants to seek costs budgeting in these cases.

This webinar looks at how you should approach this. It is aimed at those dealing with very high value multi-track litigation, who already have some familiarity with costs management in clinical negligence cases.

What You Will Learn

This webinar will cover the following:

• Where the exceptions might apply, should the use of costs management still be considered
• Is the exercise of the Court’s discretion in relation to a costs management order in these cases unfettered?
• The arguments for and against budgeting in these claims
• The differences between the approach of Master Cook in CXS v Maidstone and Tunbridge Wells NHS Trust and Master Brown in PXT v Atere-Roberts [2024]
• More recent decisions in relation to budgeting in these claims

This webinar was recorded on 13th January 2025

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