Source: All England Reporter
Publisher Citation: [2010] All ER (D) 166 (Apr)
Neutral Citation: [2010] EWHC 888 (Ch)
Court: Chancery Division
Judge:

Morgan J
Representation Stephen Rubin QC, Huw Davies QC, Stephen Houseman and Rupert Allen (instructed by Jones Day) for the claimants.
  Lord Grabiner QC, Edmund Nourse and Conall Patton (instructed by Slaughter and May) for the defendants.
Judgment Dates: 23 April 2010

Catchwords

Costs - Standard basis - Proportionality - Defendants seeking costs in relation to claimants' largely unsuccessful action - Whether defendants entitled to 100% of costs - Whether costs should be awarded on standard or indemnity basis - CPR 44.3, 44.4, 44.5.

The Case

Costs Standard basis. The Chancery Division held that, on an application for costs made by the defendants, in the circumstances the claimants had forfeited the benefit of an assessment on a proportionate basis pursuant to a standard basis assessment and had forfeited the right to have the benefit of the doubt on reasonableness. Costs would be on the indemnity basis. In addition, deductions would be made to take into account the finding against the defendant in respect of a claim of dishonest practices and that the relevant part of the costs would be assessed on the standard basis.

Practice Areas

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