31.07.2009Business Environment Bow Lane Ltd. v Deanwater Estates Ltd.  EWHC 2014 (Ch)
Key issues: exaggeration, High Court, Indemnity Basis, interim costs orders
The main action was a landlord/tenant dispute. The Claimant won a preliminary issue regarding liability on appeal for which they were awarded costs. The Claimant initially claimed over £400,000.00 which they reduced to £115,000.00 before settling for just over £1,000.00.
The Claimant was ordered to pay the Defendant’s costs on the Indemnity basis, other than those relating to the liability issue.
This case dealt with the issue of whether a Claimant who was found to exaggerate their claim should lose the benefit of interim costs orders which were made as a result of the exaggeration.
On first instance, the Defendant submitted that the Claimant’s costs should be assessed at £0.00 due to the exaggeration. It was held that the preliminary issue would not have occurred had the claim not been exaggerated, and so disallowed the Claimant’s costs.
The Claimant appealed on the grounds that the appeal decision was a separate Order and dealt with different issues. The Defendant submitted that the Claimant was acting in bad faith and so should not be entitled to their costs. The Court held that the interim Order for the Claimant’s costs was valid as it dealt with individual issues.
30.07.2009Williams v Jervis  EWHC 1837 (QB)
Key issues: High Court, Indemnity Basis, party’s conduct
This case was concerned with the basis of assessment of the costs of dealing with the evidence of the Defendant’s experts who had been the subject of criticism in the original judgment.
On the facts of the case, it was held that Indemnity costs were to be awarded in relation to these experts, but otherwise costs would be on the standard basis.
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