Costs-capping – 1

Sheppard v Essex Strategic Health Authority SCCO No 21 of 2005

This was an appeal against a costs-capping order in which twins who were both injured at birth brought proceedings arising from the alleged negligence of the defendant. Although they were represented by a very experienced firm of solicitors whom the judge accepted would not knowingly run up unnecessary costs, there was a risk that costs might escalate unreasonably unless a capping order were made and accordingly the order was upheld. The judge referred the matter to the SCCO for the quantum of the cap to be assessed.