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Mentor Nika explains why a Ministry of Defence noise-induced hearing loss damages Matrix does not cap recoverable costs
- A Matrix damages discount does not, without express wording, impose the same percentage on recoverable costs.
- Abbott’s 60% common-costs order reflected mixed success in generic and test litigation; it was not derived from the Matrix.
- Identify the source of costs entitlement and any applicable Part 45 regime before turning to reasonableness and proportionality.
A percentage applied to damages is not, without more, a percentage applied to costs. That elementary distinction is easy to lose in military noise-induced hearing loss (NIHL) claims settled under the Ministry of Defence (MoD) Matrix.
A discounted award may look like an obvious benchmark for the recoverable bill. Legally, however, it answers a different question.
What the Matrix compromises
The best primary account is Abbott v Ministry of Defence [2026] EWHC 941 (KB), especially at [9], [743], [856]-[858] and [1036]-[1037]. Mr Justice Garnham recorded that, in
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