SEEKING TO ADD A JOINT EXPERT INTO THE ACTION 2: A COSTLY PROCESS: INCURRING LIABILITY FOR £90,000 IN AN ATTEMPT TO RECOVER £16,000

I am grateful to my colleague Colm Nugent for giving me further details of the costs involved in the defendant’s unsuccessful application to join a joint expert into the action which was discussed in a post earlier today. 

Colm also sent me a copy of the transcript which is available here. Walker v TUI UK Limited approved judgment handed down 14.01.2021

 

A REMINDER OF THE KEY FACTS

The claimants brought an action alleging they had suffered a gastric illness whilst on a package holiday.  They brought an action and the court ordered that a jointly instructed medical expert be instructed. The claimant proposed an expert and the defendant agreed.  The defendant asked questions of the joint expert and then asked that the jointly instructed expert attend trial.  The claimants’ action failed, the judge not accepting their evidence. At the end of the trial the defendant’s counsel asked that the jointly instructed expert be joined into the action for the purpose of costs. The judge ordered that an application be made on notice to the expert.  This judgment was the hearing of that application.  The defendant’s application was unsuccessful.

THE COSTS INVOLVED

Many people complain, sometimes vociferously,  about the fact that many judgments do not record the order that was made as to costs. In this case Colm, with permission, informs me that:

  • The original action was worth about £5,000 (plus costs).
  • The defendant issued the application against the expert seeking to recover £16,000 worth of costs.
  • The expert’s costs for defending the application exceeded £90,000.
  • The defendant was ordered to pay £40,000 on account of costs.

AN EXPENSIVE (AND UNSUCCESSFUL) DAY OUT

This is something that anyone considering this tactic should bear in mind.