Jagger v Holland

Jagger v Holland

D3's costs should be assessed on the standard basis due to the time-limited nature of the offer and D3's unsatisfactory evidence; both D1 and D2 should pay D3's costs, but D2 should bear a higher proportion (60%) given its primary role in joining D3.

Parties
Claimant: Joanne Jagger; First Defendant: Austin Holland; Second Defendant: Cambridge Live Ltd; Third Defendant: Stanley Thurston (trading as S. C. Thurston & Sons)
Jurisdiction
England and Wales
Judgment Date
12 May 2020
Procedural Posture
Civil / Post Trial Costs Determination
Outcome
Costs order in favour of D3 on the standard basis; apportionment of D3's costs between D1 (40%) and D2 (60%); order for D1 to reimburse D2 £37,550 for overpayment to C.
Legal Topics
Contributory Negligence, Apportionment of Liability, Costs Assessment, Indemnity Costs, Standard Costs
Tort Personal Injury Civil Procedure Contributory Negligence Apportionment of Liability Costs Assessment Indemnity Costs Standard Costs

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Parties

Joanne Jagger

Claimant

Austin Holland

First Defendant

Cambridge Live Ltd

Second Defendant

Stanley Thurston (trading as S. C. Thurston & Sons)

Third Defendant

Procedural Posture

Civil / Post Trial Costs Determination

Legal Issues

  1. 1 Whether D3's costs should be paid on the indemnity or standard basis
  2. 2 Which defendants should pay D3's costs and in what proportion
  3. 3 Whether D2 is entitled to reimbursement from D1 for overpayment to C

Ratio Decidendi

D3's costs should be assessed on the standard basis due to the time-limited nature of the offer and D3's unsatisfactory evidence; both D1 and D2 should pay D3's costs, but D2 should bear a higher proportion (60%) given its primary role in joining D3.

Court Disposition

Costs order in favour of D3 on the standard basis; apportionment of D3's costs between D1 (40%) and D2 (60%); order for D1 to reimburse D2 £37,550 for overpayment to C.

Orders

  • D3's costs to be paid on the standard basis by D1 and D2 in proportions of 40% and 60% respectively.
  • D1 to pay D2 £37,550 within 21 days for overpayment to C.