As long as such costs remain reasonable and proportionate then they should be capable of being recovered in full.
In the case of Gibbs v King’s College NHS Foundation Trust (11/11/21) the Court commented that the costs associated with making an application for Fee Remission are recoverable between the parties.
This is also an issue that we at Paramount have had some success with at Provisional Assessment where a Costs Officer allowed the costs of dealing with Fee Remission in full on the basis that “if eligible, both Claimant and Defendant would benefit.”
Paying Parties do still seek to dispute this however, on the basis that such costs are relevant to funding and as such, irrecoverable.
However, such arguments appear to becoming less prevalent and it seems to becoming more widely accepted that such costs, as long as they remain reasonable and proportionate, can be recovered on an inter partes basis at the successful conclusion of a claim.
For more information, contact Melanie Pearson here.
