Dispute Resolution analysis: Costs advocate Alex Bagnall of Just Costs Solicitors comments on what lessons can be learned from a recent case relating to the cost liability of an unsuccessful defendant in a multi handed case and considers the wider implications for these types of cases.
Jabang v Wadman and others  EWHC 1993 (QB)
The claimant brought a clinical negligence claim against five different defendants. He alleged that some of the doctors he consulted were negligent because of their failure to take sufficient care to investigate or identify the cause of his pain. Following a contested trial, he succeeded in his claim against only one defendant (his GP). The trial judge made a Bullock order against the unsuccessful defendant ordering him to indemnify the claimant against this costs liability to the successful defendants. The judge also ruled that even though only about 70% of the claim succeeded it was nevertheless appropriate to order the GP defendant to pay all the claimant’s costs with neither reduction nor issue based costs orders being appropriate.