Lloyd v Svenby [2006] EWHC 576 (QB) (21 March 2006)

Lloyd v Svenby [2006] EWHC 576 (QB) (21 March 2006)

Mr Lloyd, having brought an unsuccessful claim and rejected a reasonable settlement offer, must pay 80% of Mr Svenby's costs on an indemnity basis, with interest, except for the costs of the second inspection, which Mr Svenby must bear. The lateness of the plea of non-justiciability and negligible costs of the counterclaim justify a reduction from full costs.

Citation
[2006] EWHC 576
Parties
Claimant: Allen John Lloyd; First Defendant: Staffan Svenby; Second Defendant: The Secretary of State for Transport
Jurisdiction
England and Wales
Judgment Date
21 March 2006
Procedural Posture
Civil / Post Trial Costs Judgment
Outcome
Claimant to pay 80% of First Defendant's costs on an indemnity basis, with interest, except for costs of the second inspection, which are to be borne by First Defendant. Interim payment ordered.
Legal Topics
Costs, Indemnity Costs, Interest on Costs, Settlement Offers, Malicious Falsehood, Injunctions
Civil Procedure Costs Indemnity Costs Interest on Costs Settlement Offers Malicious Falsehood Injunctions

Case Brief

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Parties

Allen John Lloyd

Claimant

Staffan Svenby

First Defendant

The Secretary of State for Transport

Second Defendant

Procedural Posture

Civil / Post Trial Costs Judgment

Legal Issues

  1. 1 Who should bear the costs of the proceedings?
  2. 2 Whether costs should be awarded on an indemnity basis?
  3. 3 Impact of late amendments and settlement offers on costs?

Ratio Decidendi

Mr Lloyd, having brought an unsuccessful claim and rejected a reasonable settlement offer, must pay 80% of Mr Svenby's costs on an indemnity basis, with interest, except for the costs of the second inspection, which Mr Svenby must bear. The lateness of the plea of non-justiciability and negligible costs of the counterclaim justify a reduction from full costs.

Court Disposition

Claimant to pay 80% of First Defendant's costs on an indemnity basis, with interest, except for costs of the second inspection, which are to be borne by First Defendant. Interim payment ordered.

Orders

  • Mr Lloyd to pay 80% of Mr Svenby's costs, assessed on an indemnity basis, except for costs of the second inspection of Mr Lloyd's car, which Mr Svenby must bear.
  • Mr Lloyd to pay interest at 1% over base rate from the date of payment by Mr Svenby of each of his solicitors' bills on 80% of the amount so paid.