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 offer to settle, must pay 80% of Mr Svenby's costs on an indemnity basis, with interest and an interim payment, subject to an exception for the costs of the second inspection, which Mr Svenby must bear.

Citation
[2006] EWHC 576 (QB)
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 and interim payment; First Defendant to pay costs of second inspection; no special order for last day of evidence costs.
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

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

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 Whether interest and interim payment on costs should be ordered?

Ratio Decidendi

Mr Lloyd, having brought an unsuccessful claim and rejected a reasonable offer to settle, must pay 80% of Mr Svenby's costs on an indemnity basis, with interest and an interim payment, subject to an exception for the costs of the second inspection, which Mr Svenby must bear.

Court Disposition

Claimant to pay 80% of First Defendant's costs on an indemnity basis, with interest and interim payment; First Defendant to pay costs of second inspection; no special order for last day of evidence costs.

Orders

  • Mr Lloyd to pay 80% of Mr Svenby's costs on an indemnity basis, except for costs of second inspection.
  • Mr Lloyd to pay interest at 1% over base rate on 80% of costs from date of payment by Mr Svenby to his solicitors.