Kent v Paterson-Brown & Anor [2018] EWHC 2830 (Ch) (25 October 2018)

Kent v Paterson-Brown & Anor [2018] EWHC 2830 (Ch) (25 October 2018)

The combination of the inherent weakness of the claim and the claimant's disproportionate approach to the litigation justified indemnity costs for the first defendant from the date of service of the claimant's principal witness statement. Interest on costs is set at 2.5% above base, reflecting the defendants' status as individuals. Interim payments are ordered at 65% of claimed costs for the first defendant and 70% for the second defendant, less amounts already paid, to be paid within 14 days.

Citation
[2018] EWHC 2830 (Ch)
Parties
Claimant: John Kent; First Defendant: William Paterson-Brown; Second Defendant: Timothy Paterson-Brown
Jurisdiction
England and Wales
Judgment Date
25 October 2018
Procedural Posture
Civil / Post Judgment Consequential Matters
Outcome
Claimant to pay first defendant's costs on the standard basis up to 27 October 2017 and on the indemnity basis thereafter; claimant to pay second defendant's costs on the indemnity basis; interest on costs at 2.5% above base; interim payments ordered; claimant to pay costs of consequential hearing.
Legal Topics
Assessment of Costs, Indemnity Costs, Standard Costs, Interest on Costs, Interim Payment on Account of Costs
Civil Procedure Costs Assessment of Costs Indemnity Costs Standard Costs Interest on Costs Interim Payment on Account of Costs

Case Brief

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Parties

John Kent

Claimant

William Paterson-Brown

First Defendant

Timothy Paterson-Brown

Second Defendant

Procedural Posture

Civil / Post Judgment Consequential Matters

Legal Issues

  1. 1 Whether first defendant's costs should be paid on the standard or indemnity basis
  2. 2 Appropriate rate of interest on costs payable to defendants
  3. 3 Amount of further interim payments on account of defendants' costs

Ratio Decidendi

The combination of the inherent weakness of the claim and the claimant's disproportionate approach to the litigation justified indemnity costs for the first defendant from the date of service of the claimant's principal witness statement. Interest on costs is set at 2.5% above base, reflecting the defendants' status as individuals. Interim payments are ordered at 65% of claimed costs for the first defendant and 70% for the second defendant, less amounts already paid, to be paid within 14 days.

Court Disposition

Claimant to pay first defendant's costs on the standard basis up to 27 October 2017 and on the indemnity basis thereafter; claimant to pay second defendant's costs on the indemnity basis; interest on costs at 2.5% above base; interim payments ordered; claimant to pay costs of consequential hearing.

Orders

  • Claimant to pay first defendant's costs on standard basis up to 27 October 2017, indemnity basis thereafter.
  • Claimant to pay second defendant's costs on indemnity basis.