Toomey Of Syndicate 2021 v Banco Vitalicio De Espana SA De Seguros Y Reasseguros [2004] EWCA Civ 685 (18 May 2004)

Toomey Of Syndicate 2021 v Banco Vitalicio De Espana SA De Seguros Y Reasseguros [2004] EWCA Civ 685 (18 May 2004)

It would be unjust to award indemnity costs based on a Part 36 offer of £10,000 made in relation to a potential liability of £2.8 million; therefore, costs should be assessed on the standard basis.

Citation
[2004] EWCA Civ 685
Parties
Claimant/respondent: Paul Toomey of Syndicate 2021; Defendant/appellant: Banco Vitalicio De Espana SA de Seguros y Reaseguros (trading as Vitalicio Seguros)
Jurisdiction
England and Wales
Judgment Date
18 May 2004
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal dismissed; costs to be assessed on the standard basis; costs of the day awarded to the appellant.
Legal Topics
Costs, Reinsurance, Part 36 Offers
Civil Procedure Insurance Law Costs Reinsurance Part 36 Offers

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Parties

Paul Toomey of Syndicate 2021

Claimant/respondent

Banco Vitalicio De Espana SA de Seguros y Reaseguros (trading as Vitalicio Seguros)

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether a Part 36 offer by the respondent entitled them to indemnity costs on appeal
  2. 2 Whether the amount and timing of the Part 36 offer made it unjust to award indemnity costs

Ratio Decidendi

It would be unjust to award indemnity costs based on a Part 36 offer of £10,000 made in relation to a potential liability of £2.8 million; therefore, costs should be assessed on the standard basis.

Court Disposition

Appeal dismissed; costs to be assessed on the standard basis; costs of the day awarded to the appellant.

Orders

  • Costs of the appeal to be paid by the appellant to the respondent on the standard basis.
  • Appellant awarded costs of the day for the hearing on the basis of taxation point.