Toomey Of Syndicate 2021 v Banco Vitalicio De Espana SA De Seguros Y Reasseguros

Toomey Of Syndicate 2021 v Banco Vitalicio De Espana SA De Seguros Y Reasseguros

It would be unjust to allow a respondent to up-grade costs to an indemnity basis by making a small offer (£10,000) in relation to a much larger amount at stake (£2.8 million) on the eve of appeal; costs should be on the standard basis.

Parties
Claimant/respondent: Paul Toomey of Syndicate 2021; Defendant/appellant: Banco Vitalicio De Espana SA De Seguros Y Reaseguros (trading as Vitalicio Seguros)
Jurisdiction
England and Wales
Judgment Date
18 May 2004
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed; costs on standard basis; costs of the day awarded to appellant.
Legal Topics
Costs, Reinsurance, Part 36 Offers
Civil Procedure Insurance Law Costs Reinsurance Part 36 Offers

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Parties

Paul Toomey of Syndicate 2021

Claimant/respondent

Banco Vitalicio De Espana SA De Seguros Y Reaseguros (trading as Vitalicio Seguros)

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the respondent's Part 36 offer entitled it to indemnity costs under Rule 36.21
  2. 2 Whether it would be unjust to award indemnity costs based on the offer made

Ratio Decidendi

It would be unjust to allow a respondent to up-grade costs to an indemnity basis by making a small offer (£10,000) in relation to a much larger amount at stake (£2.8 million) on the eve of appeal; costs should be on the standard basis.

Court Disposition

Appeal dismissed; costs on standard basis; costs of the day awarded to appellant.

Orders

  • Appeal dismissed
  • Costs to respondent on standard basis