Rolls Royce v. Fitzwilliam

Rolls Royce v. Fitzwilliam

The court refused to reconsider its prior order for "costs of this action plus GST" and denied solicitor-client costs; concluded the plaintiffs obtained a judgment more favorable than their April 19, 2001 and May 25, 2001 offers and therefore are entitled to the cost benefits of Rule 420(1) (double costs commencing on service of April 19, 2001); allowed costs for second counsel due to volume of materials; ordered assessment at the top end of Column IV of Tariff B; and ordered no costs for the present motion because success was divided.

Citation
2003 FCT 348
Parties
Plaintiff: ROLLS-ROYCE plc; Plaintiff: ROLLS-ROYCE & BENTLEY MOTOR CARS LIMITED; Plaintiff: BENTLEY MOTORS LIMITED; Defendant: IAN D. FITZWILLIAM; Defendant: ROLLS-ROYCE LIMITED; Defendant: ROLLS-ROYCE MOTOR CARS LIMITED; Defendant: BENTLEY MOTORS LIMITED
Court
Federal Court
Jurisdiction
Canada
Judgment Date
26 March 2003
Procedural Posture
Civil (commercial) / Costs Motion Following Summary Judgment (post Judgment)
Outcome
Plaintiffs' motion partially granted and partially dismissed: plaintiffs awarded Rule 420(1) cost benefits and enhanced Tariff B assessment and second counsel costs; motion to reconsider solicitor-client costs dismissed; no costs for this motion.
Legal Topics
Costs of Action, Offers to Settle (rule 420), Assessment Officer, Tariff B Assessment, Double Costs, Second Counsel, Solicitor Client Costs
Source Language
English
Civil Procedure Costs Settlement Offers Federal Court Practice Costs of Action Offers to Settle (rule 420) Assessment Officer Tariff B Assessment +3 more

Case Brief

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Parties

ROLLS-ROYCE plc

Plaintiff

ROLLS-ROYCE & BENTLEY MOTOR CARS LIMITED

Plaintiff

BENTLEY MOTORS LIMITED

Plaintiff

IAN D. FITZWILLIAM

Defendant

ROLLS-ROYCE LIMITED

Defendant

ROLLS-ROYCE MOTOR CARS LIMITED

Defendant

BENTLEY MOTORS LIMITED

Defendant

Procedural Posture

Civil (commercial) / Costs Motion Following Summary Judgment (post Judgment)

Legal Issues

  1. 1 Whether the court should reconsider its prior order awarding "costs of this action plus GST"
  2. 2 Whether the plaintiffs are entitled to solicitor-client costs
  3. 3 Whether the judgment obtained by the plaintiffs is more favourable than offers to settle dated April 19, 2001 and May 25, 2001 for the purposes of Rule 420(1)

Ratio Decidendi

The court refused to reconsider its prior order for "costs of this action plus GST" and denied solicitor-client costs; concluded the plaintiffs obtained a judgment more favorable than their April 19, 2001 and May 25, 2001 offers and therefore are entitled to the cost benefits of Rule 420(1) (double costs commencing on service of April 19, 2001); allowed costs for second counsel due to volume of materials; ordered assessment at the top end of Column IV of Tariff B; and ordered no costs for the present motion because success was divided.

Court Disposition

Plaintiffs' motion partially granted and partially dismissed: plaintiffs awarded Rule 420(1) cost benefits and enhanced Tariff B assessment and second counsel costs; motion to reconsider solicitor-client costs dismissed; no costs for this motion.

Orders

  • Portion of plaintiffs' motion requesting reconsideration of award of "costs of this action plus GST" is dismissed.
  • Plaintiffs shall have the cost benefits provided in Rule 420(1) of the Federal Court Rules, 1998 commencing on the date of service of the April 19, 2001 offer to settle.