Sharp & Ors v Blank & Ors

Sharp & Ors v Blank & Ors

Where parties have mixed success on discrete issues in a summary judgment application, costs should be apportioned according to success on each issue, with certain costs reserved to trial where appropriate. Costs of the specific disclosure and amendment applications are to be costs in the case due to the inability to determine a clear successful party or the applications being resolved by agreement or as part of case management.

Parties
Claimants: Sharp & Others; Defendants: Blank & Others
Jurisdiction
England and Wales
Judgment Date
12 April 2016
Procedural Posture
Civil / Costs Ruling After Interlocutory Applications
Outcome
Costs apportioned as per judgment; interim payment ordered.
Legal Topics
Costs, Summary Judgment, Disclosure, Amendment of Pleadings
Civil Procedure Costs Summary Judgment Disclosure Amendment of Pleadings

Case Brief

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Parties

Sharp & Others

Claimants

Blank & Others

Defendants

Procedural Posture

Civil / Costs Ruling After Interlocutory Applications

Legal Issues

  1. 1 Appropriate apportionment of costs following mixed success on summary judgment application
  2. 2 Costs of specific disclosure application resolved by agreement
  3. 3 Costs of opposed and unopposed amendments to pleadings

Ratio Decidendi

Where parties have mixed success on discrete issues in a summary judgment application, costs should be apportioned according to success on each issue, with certain costs reserved to trial where appropriate. Costs of the specific disclosure and amendment applications are to be costs in the case due to the inability to determine a clear successful party or the applications being resolved by agreement or as part of case management.

Court Disposition

Costs apportioned as per judgment; interim payment ordered.

Orders

  • Claimants to pay 30% of Defendants’ costs of the summary judgment application (excluding expert fees).
  • Defendants to pay 30% of Claimants’ costs of the summary judgment application (excluding Mr MacGregor’s fees).