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 Points of Dispute during a costs assessment, allegations of professional negligence that were previously raised but not pursued in High Court proceedings after pre-action protocol; such wide-ranging and factually complex allegations are unsuitable for determination by a Costs Judge and should be litigated, if at all, in the High Court.

Citation
[2005] EWHC 2788 (QB)
Parties
Respondents: Nicholas Drukker & Co.; Defendants: Pridie Brewster & Co.
Jurisdiction
England and Wales
Judgment Date
12 December 2005
Procedural Posture
Costs Appeal / Appeal From Rulings During Detailed Assessment of Costs
Outcome
Appeal dismissed
Legal Topics
Abuse of Process, Jurisdiction of Costs Judge, Professional Negligence Allegations, Assessment of Costs, Res Judicata
Civil Procedure Professional Negligence Costs Abuse of Process Jurisdiction of Costs Judge Professional Negligence Allegations Assessment of Costs Res Judicata

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Parties

Nicholas Drukker & Co.

Respondents

Pridie Brewster & Co.

Defendants

Procedural Posture

Costs Appeal / Appeal From Rulings During Detailed Assessment of Costs

Legal Issues

  1. 1 Whether it is an abuse of process to raise allegations of professional negligence in Points of Dispute during costs assessment after not pursuing them in High Court proceedings
  2. 2 Whether a Costs Judge has jurisdiction to determine wide-ranging allegations of professional negligence affecting the retainer as a whole

Ratio Decidendi

It is an abuse of process to raise, in Points of Dispute during a costs assessment, allegations of professional negligence that were previously raised but not pursued in High Court proceedings after pre-action protocol; such wide-ranging and factually complex allegations are unsuitable for determination by a Costs Judge and should be litigated, if at all, in the High Court.

Court Disposition

Appeal dismissed

Orders

  • Decision of Master Seager Berry upheld
  • Allegations of professional negligence struck out from Points of Dispute