Afan Valley Ltd & Ors v Lupton Fawcett (A Firm) & Ors [2024] EWHC 2498 (KB) (08 October 2024)

Afan Valley Ltd & Ors v Lupton Fawcett (A Firm) & Ors [2024] EWHC 2498 (KB) (08 October 2024)

LF and Metis were overall successful parties; Claimants to pay 75% of LF's costs (including amendment application), 100% of Metis' costs (including consequential matters), and costs of extension of time and adjournment. Interim payments set at 50% of assessed costs. Interest awarded at commercial rates. No jurisdiction to grant permission to appeal as application was not made at original hearing.

Citation
[2024] EWHC 2498 (KB)
Parties
Claimant: Afan Valley Limited (in Administration) and Ors; Second Defendant: Lupton Fawcett (a firm); Seventh Defendant: Metis Law; Eighth Defendant: Metis Law Partners LLP
Jurisdiction
England and Wales
Judgment Date
08 October 2024
Procedural Posture
Civil (costs Consequentials) / Post Judgment, Costs and Consequential Orders
Outcome
Costs orders made in favour of Defendants; Claimants to pay specified proportions and interim payments; interest awarded; no permission to appeal granted.
Legal Topics
Costs, Summary Judgment, Amendment of Pleadings, Permission to Appeal, Interest on Costs
Civil Procedure Professional Negligence Costs Summary Judgment Amendment of Pleadings Permission to Appeal Interest on Costs

Case Brief

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Parties

Afan Valley Limited (in Administration) and Ors

Claimant

Lupton Fawcett (a firm)

Second Defendant

Metis Law

Seventh Defendant

Metis Law Partners LLP

Eighth Defendant

Procedural Posture

Civil (costs Consequentials) / Post Judgment, Costs and Consequential Orders

Legal Issues

  1. 1 Entitlement to costs following strike out and summary judgment
  2. 2 Appropriate percentage of costs to award to successful defendants
  3. 3 Costs of amendment applications

Ratio Decidendi

LF and Metis were overall successful parties; Claimants to pay 75% of LF's costs (including amendment application), 100% of Metis' costs (including consequential matters), and costs of extension of time and adjournment. Interim payments set at 50% of assessed costs. Interest awarded at commercial rates. No jurisdiction to grant permission to appeal as application was not made at original hearing.

Court Disposition

Costs orders made in favour of Defendants; Claimants to pay specified proportions and interim payments; interest awarded; no permission to appeal granted.

Orders

  • Claimants to pay 75% of LF's costs of strike out/summary judgment and amendment applications, subject to detailed assessment.
  • Claimants to pay 50% of LF's costs as interim payment.