Merrix v Heart of England NHS Foundation Trust: QBD 24 Feb 2017

Appeal raising a point of considerable importance arising out of the interplay between the costs budgeting regime under Part 3 of the Civil Procedure Rules and the detailed costs assessment regime under Part 47 of the CPR. The Costs Judge when granting permission said this: ‘The issue is the subject of significant debate in the legal profession with wide-ranging views and interpretations. There is no direct case authority on the point. An authority on the point would be highly desirable and as a matter of urgency. Already a number of detailed assessments have been adjourned pending this first instance decision.’ The case having been setled, the court was asked: ‘To what extent, if at all, does the costs budgeting regime under CPR Part 3 fetter the powers and discretion of the costs judge at a detailed assessment of costs under CPR Part 47?’


Carr DBE J


[2017] EWHC 346 (QB)




England and Wales


Updated: 03 February 2022; Ref: scu.577506