Hay v Szterbin & Ors

Hay v Szterbin & Ors

Common costs under the consent order do not fall to be apportioned, but may be divided if they can be attributed to the claim against Green Wright Chalton Annis; only costs allocated by division to the professional negligence claim are recoverable from the Third Defendant, and the words 'relate exclusively' preclude ordinary apportionment.

Parties
Claimant: Karin Lucy Hay; First Defendant: Hendryk Szterbin; Second Defendant: Joanna Barbara Szterbin; Third Defendant: Green Wright Chalton Annis
Jurisdiction
England and Wales
Judgment Date
29 July 2010
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed in part; paragraph 2 of Master Haworth’s order set aside.
Legal Topics
Costs, Consent Orders, Interpretation of Commercial Instruments
Civil Procedure Professional Negligence Contract Law Costs Consent Orders Interpretation of Commercial Instruments

Case Brief

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Parties

Karin Lucy Hay

Claimant

Hendryk Szterbin

First Defendant

Joanna Barbara Szterbin

Second Defendant

Green Wright Chalton Annis

Third Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether common costs under a consent order should be apportioned or divided between claims against multiple defendants
  2. 2 Interpretation of 'relate exclusively' in the consent order regarding costs

Ratio Decidendi

Common costs under the consent order do not fall to be apportioned, but may be divided if they can be attributed to the claim against Green Wright Chalton Annis; only costs allocated by division to the professional negligence claim are recoverable from the Third Defendant, and the words 'relate exclusively' preclude ordinary apportionment.

Court Disposition

Appeal allowed in part; paragraph 2 of Master Haworth’s order set aside.

Orders

  • Green Wright Chalton Annis are not liable for any common costs except to the extent that those costs fall to be attributed to the claim against them by division (rather than apportionment).
  • Counsel to agree appropriate wording for the revised order.