IS THE BUDGET DEFINITIVE ON ASSESSMENT? CASE IDENTIFIED: TWO TRAINS OF THOUGHT CONTINUE
The position of the status of the budget and hourly rates is in flux. Michael Fletcher earlier posted an article reporting an assessment he took part in where District Judge Lumb (sitting as the Regional Costs Judge in Birmingham) expressly disagreed with the RNB decision in relation to hourly rates and costs budgeting.
“Judge Lumb held that to reduce hourly charging rates for budgeted costs to the same levels as those allowed for the incurred costs, thereby causing a potential departure from the budgeted phase totals, would be to second guess the thought process of Costs Managing Judge and would impute a risk of double jeopardy into the detailed assessment.”
He now has permission to reveal the identity of the case which is done in a second article here.
The case is Bains v Royal Wolverhampton NHS Trust. The defendant has not indicated that it is appealing this case, possibly because the RNB decision is being sought. The article informs us that a transcript of the Bains decision is being obtained.
- Hourly rates in the budget are not determinative of the hourly rates on assessment: a cat among the pigeons here
- Is the budget definitive on assessment? More cats, more pigeons. There are now two trains of thought on the hourly rate.