Valerie Elsie May Merrix v Heart of England NHS Foundation Trust
[2017] EWHC 346 (QB) is the first reported decision on the
relationship between costs budgeting and a cost judge's powers
at a detailed assessment.
The claimant's case was that if the costs claimed were at,
or less than, the figure previously approved in her budget, the
defendant would have to show that there was a good reason to depart
from that figure; and the budgeted costs should otherwise be
assessed as claimed, without further consideration. District Judge
Lumb found that the process of costs budgeting is not designed to
replace detailed assessment. On appeal however, the High Court
disagreed. It held that a costs judge must not depart from the
receiving party's last approved costs budget unless satisfied
that there is good reason to do so. This applies equally whether
the receiving party claims less, the same as, or more than, the
sums budgeted. The central message was as set out in CPR. 3.18
