This endorsement addresses costs following the dismissal of a medical negligence claim.
The plaintiffs, who were unsuccessful at trial, argued against a costs award due to their elderly age, poor health, and lack of assets.
The defendants, Bolton Medical Imaging Centres and Dr. K. Schneider, sought partial indemnity costs.
The court affirmed the general rule that costs follow the event, finding no exceptional circumstances to depart from this principle.
While acknowledging the plaintiffs' right to pursue the action, the court held they must bear the adverse costs consequences.
The court fixed the defendants' costs on a partial indemnity basis, reducing the amounts claimed by both defendants due to excessive hours for certain steps, particularly for Dr. Schneider's counsel.
