Military Deafness Costs Ruling Rejects MoD Challenge To Privileged Schedules

A judgement by Senior Court Costs Office Judge Whalan in Henderson and McPherson v Ministry of Defence (‘MoD’) has rejected an attempt by the MoD to use without prejudice costs schedules to pursue allegations of overcharging. In a decision on a preliminary issue, Costs Judge Whalan found that the schedules reflected costs actually incurred and that the defendant’s case fell well short of the “unambiguous impropriety” required to remove their privileged status. The decision has practical significance for costs disputes arising from the continuing military deafness litigation, while leaving the amount of recoverable costs to a detailed assessment.

Background to the military deafness litigation