AN & Ors v Poole Borough Council [2016] EWHC 1040 (QB) (04 May 2016)

AN & Ors v Poole Borough Council [2016] EWHC 1040 (QB) (04 May 2016)

The Defendant is entitled to set off only 40% of the 75% costs of the hearing before Master Eastman against sums due to the Claimants, reflecting a fair apportionment of liability between the Claimants and the original First Claimant (their mother).

Citation
[2016] EWHC 1040
Parties
Claimant/appellant: AN; Claimant/appellant: CN (through his litigation friend THE OFFICIAL SOLICITOR); Claimant/appellant: GN (through his litigation friend THE OFFICIAL SOLICITOR); Defendant/respondent: Poole Borough Council
Jurisdiction
England and Wales
Judgment Date
04 May 2016
Procedural Posture
Costs Ruling in Civil Litigation / Post Hearing, Costs Determination
Outcome
Order on costs with apportionment and partial set-off granted.
Legal Topics
Costs, Set Off of Costs, Apportionment of Liability
Civil Procedure Costs Set Off of Costs Apportionment of Liability

Case Brief

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Parties

AN

Claimant/appellant

CN (through his litigation friend THE OFFICIAL SOLICITOR)

Claimant/appellant

GN (through his litigation friend THE OFFICIAL SOLICITOR)

Claimant/appellant

Poole Borough Council

Defendant/respondent

Procedural Posture

Costs Ruling in Civil Litigation / Post Hearing, Costs Determination

Legal Issues

  1. 1 Whether the Defendant is entitled to set off its costs of the interlocutory hearing against any damages or costs recoverable by the Claimants
  2. 2 What proportion of the costs of the hearing before Master Eastman is attributable to the Claimants for the purposes of set-off

Ratio Decidendi

The Defendant is entitled to set off only 40% of the 75% costs of the hearing before Master Eastman against sums due to the Claimants, reflecting a fair apportionment of liability between the Claimants and the original First Claimant (their mother).

Court Disposition

Order on costs with apportionment and partial set-off granted.

Orders

  • Defendant entitled to set off 40% of the 75% costs of the hearing before Master Eastman against sums due to the Claimants.
  • Defendant to pay Claimants one half of their costs of correspondence after 8 April 2016 concerning the drawing of the court's Order, payment within 28 days of the seal date of the Order.