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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47387
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my father recently lost a medical negligence court case after

Resolved Question:

my father recently lost a medical negligence court case after 7 years of correspondence between lawyers. how much will he be expected to pay?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What specifically do you wish to enquire about - the compensaiton for the negligent act itself, the solicitors, fees, or anything else?

Expert:  Ben Jones replied 3 years ago.
Hello, I understand you had issues viewing chat so I have switched formats - you should now be able to see my initial query above. Thanks
Customer: replied 3 years ago.

Hi Ben Thanks for replying. My father was suing for negligence as he nearly died after a keyhole gall stones op. Unfortunately he lost his case and will prob have to pay the court and the challenging solicitor fees. The case has dragged on for 7 years between lawyers. I would like some indication as to costs in a worst case scenario as i will prob have to pay on his behalf as he has no savings. His lawyers were no win no fee but he will prob have to cover the costs of the challenging lawyers and expert doctor opinions etc/

Expert:  Ben Jones replied 3 years ago.
Thank you. The way that costs in a case are determined can often be a complex matter, especially as there is likely to be a dispute between the parties as to what has been incurred and what should be paid. It is generally for the courts to decide what costs would become payable at the end of a case and they will determine this using a form of assessment. It is standard practice for the winning party to issue a bill of costs to the court that details the costs they are claiming, after which a costs judge would scrutinise them to ensure they are reasonable and should be allowed to be claimed. The most common way of assessing the costs is on what is known as a ‘standard basis’, meaning it would allow costs that were proportionate to the matters in issue and resolve any doubts as to the reasonableness in favour of the paying party, which means your father should get the benefit of the doubt.

What the actual costs in this case may be is completely impossible for me to predict and it would be misleading for me to give an opinion on it. That is because it would depend entirely on the actual costs that were incurred and these will in turn depend on the amount of time spent on the matter, the charge out rates of the solicitors dealing with it, how much of that time was genuinely incurred on the case, if the court agrees the costs were proportionate to the matters in the claim and so on and so on – there are far too many variables that would impact the final amount and the sum could be very different based on how each factor applies in this situation. There is no standard calculation one may use that says for example 7 years of litigation in a claim for negligence will result in an approximate bill of £X’ – if only it was that simple.

Therefore, it is simply a matter of waiting to see the bill of costs submitted by the other party and then waiting for the court’s assessment, following which they will issue an order for costs that details the costs that must be paid by the losing party. Depending on the outcome and the assessment that the court reached you may then consider whether the order is reasonable and if you accept the court’s ruling or you wish to challenge the order.

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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