HD & Ors v North Devon Healthcare Trust & Ors

Facts

The six linked claims arose out of alleged failings in the consent process for the use of synthetic mesh in the treatment of female pelvic conditions such as urinary stress incontinence. They formed a small part of a large cohort of similar claims in which Mr Darren Hanison, a sole practitioner trading as Fortitude Law, acted for claimants suing NHS trusts in England; NHS Resolution was notified of 305 such claims, received letters of claim in approximately 100, and 58 were compromised on substantially the same terms as the six linked claims, namely payment of damages and reasonable legal costs. The damages were paid and Mr Hanison commenced detailed assessment proceedings by serving signed and certified bills of costs. Costs Judge James linked the six claims and listed seven common preliminary issues; the first hearing collapsed when Mr Hanison failed to lodge the papers required by paragraph 13.11 of the Practice Direction to CPR Part 47, and she ordered the claimants to pay the costs of that abortive hearing. She dealt with the preliminary issues at later hearings and granted the claimants anonymity. The Solicitors Regulation Authority then intervened into Mr Hanison's practice, and the Solicitors Disciplinary Tribunal struck him off. The defendants applied for declarations, strike out, repayment of payments on account and costs orders against him.