Nicholas Drukker & Co v Pridie Brewster & Co [2005] EWHC 2788 (QB) (12 December 2005)

Nicholas Drukker & Co v Pridie Brewster & Co [2005] EWHC 2788 (QB) (12 December 2005)

It is an abuse of process to raise in a costs assessment the same allegations of professional negligence that were fully particularised in pre-action protocol but not pursued in High Court proceedings; such complex and wide-ranging allegations are unsuitable for determination by a Costs Judge and should be litigated, if at all, in the High Court. Even if jurisdiction existed, it should not be exercised in these circumstances.

Citation
[2005] EWHC 2788
Parties
Respondents: Nicholas Drukker & Co.; Defendants: Pridie Brewster & Co.
Jurisdiction
England and Wales
Judgment Date
12 December 2005
Procedural Posture
Costs Appeal / Appeal From Detailed Assessment Ruling
Outcome
Appeal dismissed; decision of Master Seager Berry upheld.
Legal Topics
Abuse of Process, Jurisdiction of Costs Judge, Professional Negligence Allegations, Assessment of Costs
Civil Procedure Professional Negligence Costs Abuse of Process Jurisdiction of Costs Judge Professional Negligence Allegations Assessment of Costs

Case Brief

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Parties

Nicholas Drukker & Co.

Respondents

Pridie Brewster & Co.

Defendants

Procedural Posture

Costs Appeal / Appeal From Detailed Assessment Ruling

Legal Issues

  1. 1 Whether it is an abuse of process to raise professional negligence allegations in costs assessment after not pursuing them in High Court proceedings
  2. 2 Whether a Costs Judge has jurisdiction to determine wide-ranging professional negligence allegations
  3. 3 Whether such allegations are suitable for determination in a costs assessment

Ratio Decidendi

It is an abuse of process to raise in a costs assessment the same allegations of professional negligence that were fully particularised in pre-action protocol but not pursued in High Court proceedings; such complex and wide-ranging allegations are unsuitable for determination by a Costs Judge and should be litigated, if at all, in the High Court. Even if jurisdiction existed, it should not be exercised in these circumstances.

Court Disposition

Appeal dismissed; decision of Master Seager Berry upheld.

Orders

  • Allegations of professional negligence and conduct struck out from Points of Dispute in costs assessment.
  • Defendants not permitted to raise these matters before the Costs Judge.