Hawksford Trustees Jersey Ltd v Stella Global UK Ltd & Anor

Hawksford Trustees Jersey Ltd v Stella Global UK Ltd & Anor

ATE insurance premium covering trial costs, taken out only at appeal stage, is not recoverable as part of appeal costs under s.29 Access to Justice Act 1999, because trial and appeal are separate proceedings for costs purposes; only the premium relating to appeal costs is recoverable.

Parties
Claimant/respondent: Hawksford Trustees Jersey Limited as Trustee of the Bald Eagle Trust; Defendants/appellants: Stella Global UK Limited & Anor
Jurisdiction
England and Wales
Judgment Date
19 July 2012
Procedural Posture
Civil Appeal / Post Judgment Costs Determination
Outcome
Majority decision: respondent's ATE premium for trial costs not recoverable from appellants; only appeal-related premium recoverable.
Legal Topics
ATE Insurance Premium Recoverability, Access to Justice Act 1999 S.29, Costs on Appeal, Statutory Interpretation
Civil Procedure Costs ATE Insurance Premium Recoverability Access to Justice Act 1999 S.29 Costs on Appeal Statutory Interpretation

Case Brief

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Parties

Hawksford Trustees Jersey Limited as Trustee of the Bald Eagle Trust

Claimant/respondent

Stella Global UK Limited & Anor

Defendants/appellants

Procedural Posture

Civil Appeal / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether ATE insurance premium covering trial costs can be recovered as part of appeal costs under s.29 Access to Justice Act 1999
  2. 2 Interpretation of 'proceedings' in s.29 for costs orders
  3. 3 Fairness and notice in costs liability for ATE premiums

Ratio Decidendi

ATE insurance premium covering trial costs, taken out only at appeal stage, is not recoverable as part of appeal costs under s.29 Access to Justice Act 1999, because trial and appeal are separate proceedings for costs purposes; only the premium relating to appeal costs is recoverable.

Court Disposition

Majority decision: respondent's ATE premium for trial costs not recoverable from appellants; only appeal-related premium recoverable.

Orders

  • Respondent may not recover ATE premium relating to trial costs as part of appeal costs.
  • Detailed assessment of costs to be conducted by costs judge.