The Issues

The Claimant was a prisoner at HMP Birmingham. He alleged that there had been a negligent medical treatment at the prison where health care services were provided by two NHS trusts.

There were three potential Defendants in the proceedings were issued but the Home Office was the only Defendant named in the Claimants CFA.

Prior to service of proceedings, the Defendant acknowledged that it was responsible for the claimant’s treatment and they were the only party served with proceedings.

Settlement was subsequently reached but on detailed assessment, the Defendant argued that no costs were payable to the Claimant, as the CFA was limited to a claim against the Home Office.

At first instance, District Judge Phillips held that the CFA excluded a claim against the Defendant, as a matter of CFA construction and HHJ Curran QC dismissed the first appeal.

The Claimant took the matter to the Court of Appeal, before Lord Justice Hamblen and Lord Justice Patten.