Sharp & Ors v Blank & Ors [2016] EWHC 776 (Ch) (12 April 2016)

Sharp & Ors v Blank & Ors [2016] EWHC 776 (Ch) (12 April 2016)

Costs are apportioned based on relative success of parties on individual issues within the summary judgment application; 30% of costs payable each way, 40% of Claimants' costs reserved to trial judge as costs in the issues; expert fees apportioned according to issue relevance; costs of specific disclosure, amendment application, and CMC are costs in the case.

Citation
[2016] EWHC 776 (Ch)
Parties
Claimants: Sharp & Others; Defendants: Blank & Others
Jurisdiction
England and Wales
Judgment Date
12 April 2016
Procedural Posture
Civil / Costs Judgment Following Interlocutory Applications
Outcome
Costs apportioned and reserved as specified; interim payment ordered.
Legal Topics
Costs, Summary Judgment, Disclosure, Amendment of Pleadings
Civil Procedure Company Law Costs Summary Judgment Disclosure Amendment of Pleadings

Case Brief

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Parties

Sharp & Others

Claimants

Blank & Others

Defendants

Procedural Posture

Civil / Costs Judgment Following Interlocutory Applications

Legal Issues

  1. 1 Apportionment of costs for summary judgment application
  2. 2 Costs of specific disclosure application
  3. 3 Costs of amendment application

Ratio Decidendi

Costs are apportioned based on relative success of parties on individual issues within the summary judgment application; 30% of costs payable each way, 40% of Claimants' costs reserved to trial judge as costs in the issues; expert fees apportioned according to issue relevance; costs of specific disclosure, amendment application, and CMC are costs in the case.

Court Disposition

Costs apportioned and reserved as specified; interim payment ordered.

Orders

  • Claimants to pay 30% of Defendants’ costs of summary judgment application (excluding expert fees).
  • Defendants to pay 30% of Claimants’ costs of summary judgment application (excluding expert fees).