Pollock JR - JR4NHS - costs capped and "public interest" protected

 

By Peter Roderick

In an important judgment in the High Court this morning, Mrs Justice Cheema-Grubb found against the Secretary of State and NHS England who had fiercely resisted our renewed application for a cost capping order. She granted an order that in the event of us losing the JR, our liability for the Secretary of State's and NHS England's costs would be no more than £80,000 each; and she ordered them to pay our costs of the hearing.

She found that this was a case which met the statutory test of public interest, brought by responsible and public-spirited individuals, and that as the costs of the defendants were "very high" they should be capped so that the case could go ahead. She added that as the public was funding both sides, as tax-payers and through CrowdJustice, a capping order was “entirely appropriate”.

She also ordered that in the event of us winning the JR, the defendants' liability to pay our costs would be capped at £115,000.  Before the hearing we had offered a cap of £100,000 for our costs.

This judgment is fantastic news and a great relief. We now know that the money our supporters have donated will be enough to pay the defendants' costs if we were to lose the JR, and that with a bit more fund-raising we have a good chance of being able to cover our own lawyers' 'reduced fee' costs.

As of 22.30 on 26th February we still need just under £700 to reach the £100,000 "stretch" goal by 8pm on 1st March.

This is the link for Round 3: www.crowdjustice.com/case/jr4nhs-round3 

Thank you

UPDATE

As of 31st March 2018: the funding goal has been reached and no more money is needed for the case to proceed. Over 9,400 donations amounting to more than £280,000 across 3 rounds - a phenomenal response - has made this case possible.  THANK YOU EVERY PERSON WHO GAVE TO THE APPEAL.