Eurocall Ltd v Energis Communications Ltd & Anor [2010] EWHC 2790 (QB) (04 November 2010)

Eurocall Ltd v Energis Communications Ltd & Anor [2010] EWHC 2790 (QB) (04 November 2010)

The costs should be assessed on the standard basis as there was no conduct or feature justifying indemnity costs; the majority of the costs claimed were reasonable and proportionate given the complexity and importance of the application, with specific deductions made for certain items found excessive.

Citation
[2010] EWHC 2790 (QB)
Parties
Claimant: Eurocall Limited; First Defendant: Energis Communications Limited; Second Defendant: Nigel Dudley Warr
Jurisdiction
England and Wales
Judgment Date
04 November 2010
Procedural Posture
Costs Order Following Application to Strike Out or for Summary Judgment / Post Application, Costs Assessment
Outcome
Application for indemnity costs refused; costs awarded on standard basis with deductions.
Legal Topics
Champerty, Summary Assessment of Costs, Indemnity Vs Standard Basis, Proportionality of Costs
Civil Procedure Costs Champerty Summary Assessment of Costs Indemnity Vs Standard Basis Proportionality of Costs

Case Brief

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Parties

Eurocall Limited

Claimant

Energis Communications Limited

First Defendant

Nigel Dudley Warr

Second Defendant

Procedural Posture

Costs Order Following Application to Strike Out or for Summary Judgment / Post Application, Costs Assessment

Legal Issues

  1. 1 Whether costs should be awarded on an indemnity or standard basis following the failure of the First Defendant's application to strike out or for summary judgment on grounds of Champerty
  2. 2 Whether the quantum of costs claimed by the Claimant and Second Defendant is reasonable and proportionate

Ratio Decidendi

The costs should be assessed on the standard basis as there was no conduct or feature justifying indemnity costs; the majority of the costs claimed were reasonable and proportionate given the complexity and importance of the application, with specific deductions made for certain items found excessive.

Court Disposition

Application for indemnity costs refused; costs awarded on standard basis with deductions.

Orders

  • Energis Communications Limited to pay £47,805.50 to Mr Warr within 14 days of the judgment.