Oliver Havenga v Gateshead NHS Foundation Trust and South Tyneside Hospitals NHS Trust [2014] EWHC B25 (QB)
Erica Bedford successfully represented the Defendant/Respondent in the High Court before HHJ Freedman in respect of an appeal to increase C’s cost budget on the grounds that the DJ had acted outside the ambit of his discretion in reducing C’s cost budget to a figure which was too low and thus was not proportionate. Held: that it was not the role of the appellate court to “tinker with cost budgets”. The question was whether C’s budget fell outside that which was reasonable and proportionate. In so deciding, the court had to take into account the fact that the Claimant’s cost budget was three times greater than that agreed for the Defendant’s cost budget, which was signed off as reasonable and proportionate. The budget allowed for C was both reasonable and proportionate and the fact that the appellate court might have awarded more did not mean the decision of the District Judge fell outside the reasonable ambit of his discretion.
Please find a copy of the Judgment below:
