MacInnes v Gross [2017] EWHC 127 (QB) (03 February 2017)

MacInnes v Gross [2017] EWHC 127 (QB) (03 February 2017)

The claimant's conduct was not 'out of the norm' and did not justify indemnity costs; standard basis applies. Pre-judgment interest on costs is set at 4% above base. Judgment Act interest runs from three months after the costs order. No compensation is awarded for currency fluctuations. Interim payment on account of costs is set at £528,000, based on the approved costs budget with appropriate adjustments.

Citation
[2017] EWHC 127 (QB)
Parties
Claimant: Bruce MacInnes; First Defendant: Hans Thomas Gross
Jurisdiction
England and Wales
Judgment Date
03 February 2017
Procedural Posture
Civil / Post Judgment: Costs and Consequential Matters
Outcome
Costs awarded to the first defendant on the standard basis; interim payment ordered; no compensation for currency fluctuations.
Legal Topics
Costs, Interest on Costs, Interim Payments, Currency Fluctuations
Civil Procedure Costs Interest on Costs Interim Payments Currency Fluctuations

Case Brief

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Parties

Bruce MacInnes

Claimant

Hans Thomas Gross

First Defendant

Procedural Posture

Civil / Post Judgment: Costs and Consequential Matters

Legal Issues

  1. 1 Whether costs should be awarded on an indemnity or standard basis
  2. 2 Appropriate rate and timing for interest on costs
  3. 3 Entitlement to compensation for currency fluctuations on costs

Ratio Decidendi

The claimant's conduct was not 'out of the norm' and did not justify indemnity costs; standard basis applies. Pre-judgment interest on costs is set at 4% above base. Judgment Act interest runs from three months after the costs order. No compensation is awarded for currency fluctuations. Interim payment on account of costs is set at £528,000, based on the approved costs budget with appropriate adjustments.

Court Disposition

Costs awarded to the first defendant on the standard basis; interim payment ordered; no compensation for currency fluctuations.

Orders

  • Claimant to pay first defendant's costs on the standard basis, to be assessed if not agreed.
  • Interest on costs at 4% above base rate up to judgment.