A patient has filed a lawsuit against his doctor alleging that the doctor performed surgery negligently, which has resulted in a lifetime disability for the patient. The doctor has failed to comply with the appropriate protocol during the legal proceedings. The patient has emerged victorious in the case, and now, the judge is assessing the costs.
What is the basis on which costs are most likely to be assessed?
A patient has filed a lawsuit against his doctor alleging that the doctor performed surgery negligently, which has resulted in a lifetime disability for the patient. The doctor has failed to comply with the appropriate protocol during the legal proceedings. The patient has emerged victorious in the case, and now, the judge is assessing the costs.
What is the basis on which costs are most likely to be assessed?
The indemnity basis, meaning that the court will not consider proportionality of the costs.
(C) If a party fails to follow the protocol in a legal case, the judge is likely to award costs on the indemnity basis. This means that the court will not consider if the costs incurred were proportional to the needs of the case. As a result, it can be difficult for the paying party to object to a specific cost unless they can prove that the solicitor's work was unreasonable.
Option (A) is incorrect because the judge is likely to award costs on the indemnity basis, not the standard basis when a party fails to follow the protocol. Additionally, the judge will consider proportionality when using the standard basis.
Option (B) is also incorrect because although it correctly identifies that proportionality is considered under the standard basis, it is unlikely to be used in a case where a party has failed to follow the protocol.
Option (D) is incorrect because when using the indemnity basis, proportionality is not taken into account.
Option (E) is also incorrect. Although, indeed, proportionality is not considered, the paying party may be able to avoid paying a cost if they can demonstrate that it was unreasonable for the solicitor to carry out the work in the first place.