Two to One in the SCCO on Proportionality
Master Brown followed Master Rowley when he found that the new test of proportionality did not apply to additional liabilities.
In Murrells v Cambridge University NHS Foundation Trust (SCCO 17/01/2017) Master Brown declined to follow the decision of Master Gordon-Saker in BNM v MGN  EWHC B13, agreeing with the later decision of Master Rowley in King v Basildon & Thurrock University Hospitals  EWHC B32 that the new test of proportionality did not apply to additional liabilities.
Master Brown agreed with Master Rowley that the restricted meaning of costs applies to CPR 44.3 and that additional liabilities remain subject to assessment under the old pre-LASPO rules.
Master Brown respectfully disagreed with Master Gordon-Saker’s decision in BNM as to the application of the new proportionality test to additional liabilities.
The MGN appeal has been adjourned until October 2017.
Attain are experts in helping firms deal with the new cost management regime. Call us on 01664 565325 or visit http://www.attaincosts.co.uk/