This is the second look at the guidance given on the new proportionality test by the Court of Appeal in West v Stockport NHS Foundation Trust [2019] EWCA Civ 1220. The previous post explored how the Court dealt a fatal blow to the new rule by introducing a test as to whether work was “unavoidable […]
Proportionality after West v Stockport NHS Foundation Trust Read More »
There has now been time to reflect on the Court of Appeal’s proportionality guidance given in the case of West v Stockport NHS Foundation Trust [2019] EWCA Civ 1220. And what a sorry mess that guidance was. The first part of the guidance related to the reasonableness and proportionality of the ATE premium. The Court
Proportionality revised by West v Stockport NHS Foundation Trust Read More »
In a speech given earlier in the year, Lord Justice Jackson recognised that the profession was becoming “impatient” for guidance on the proportionality test from the Court of Appeal. He concluded: “The remedy lies in their own hands. The Court of Appeal can only decide the cases which come before it.” In May v Wavell Group
Court of Appeal guidance on proportionality Read More »
At the heart of the successful appeal in May v Wavell Group was the appeal judge’s view that, apparently, the issue of proportionality is something readily discoverable once all the relevant factors have been taken into account. He held: “the construction of the rules relating to the definition of proportionality and their application do not
Proportionality test – providing specific reasoning Read More »
The history of the courts’ attempts to ensure legal costs are proportionate is a strange one. The appeal decision in May v Wavell Group Plc is no exception to that trend. To recap, Master Rowley, on a line-by-line assessment, reduced the costs claimed from £208,236.54 to £99,655.74. He then concluded that this was still disproportionate
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