XYZ v Transform Medical Group (CS) Limited [2015] EWHC 1151 (QB)

In a large group action involving damages claims brought in respect of the supply of defective implants, the claimants successfully applied to adjourn trial a month before its listing, pending the resolution of litigation between the defendant company and its insurers (a Part 20 defendant to the litigation). In the application, Mrs Justice Thirlwall ordered the defendant company and its insurer to pay the costs of the application and the costs of and occasioned by the adjournment. She also ordered the payment of a payment on account of costs pursuant to CPR 44.2(8). A costs schedule totalling £705,933.93 was served on behalf of the claimants. At a subsequent hearing, she considered what amounted to a reasonable sum for that payment on account pursuant to CPR 44.2(8). After consideration of the breakdown of the amount in the costs schedule, she held a reasonable sum to be £283,500.