Purrunsing v A'Court & Co (a firm) & Anor

Purrunsing v A'Court & Co (a firm) & Anor

The claimant is entitled to recover his costs on the standard basis as he was wholly successful; no reduction is warranted for abandoned issues as they did not materially increase costs. The claimant is not entitled to enhanced costs under Part 36 as the judgment sum, properly adjusted for interest, did not exceed the offer. Indemnity costs are not justified as the defendants' conduct was not outside the norm. Each defendant bears 50% of the claimant's costs; there is no order as to costs of the contribution proceedings. Costs of the 27 May hearing are apportioned between parties based on responsibility for the hearing.

Parties
Claimant: Hurry Narain Purrunsing; First Defendant: A’Court & Co (A Firm); Second Defendant: House Owners Conveyancers Limited
Jurisdiction
England and Wales
Judgment Date
01 July 2016
Procedural Posture
Civil / Post Judgment Costs Determination
Outcome
Claimant entitled to costs on the standard basis; no indemnity costs; costs apportioned as per judgment; no order as to costs of contribution proceedings.
Legal Topics
Costs, Indemnity Costs, Part 36 Offers, Contribution Proceedings
Civil Procedure Trusts Law Costs Indemnity Costs Part 36 Offers Contribution Proceedings

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Parties

Hurry Narain Purrunsing

Claimant

A’Court & Co (A Firm)

First Defendant

House Owners Conveyancers Limited

Second Defendant

Procedural Posture

Civil / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether the claimant is entitled to recover all costs against the first defendant
  2. 2 Whether costs should be assessed on the indemnity or standard basis
  3. 3 Appropriate costs provision as between the defendants

Ratio Decidendi

The claimant is entitled to recover his costs on the standard basis as he was wholly successful; no reduction is warranted for abandoned issues as they did not materially increase costs. The claimant is not entitled to enhanced costs under Part 36 as the judgment sum, properly adjusted for interest, did not exceed the offer. Indemnity costs are not justified as the defendants' conduct was not outside the norm. Each defendant bears 50% of the claimant's costs; there is no order as to costs of the contribution proceedings. Costs of the 27 May hearing are apportioned between parties based on responsibility for the hearing.

Court Disposition

Claimant entitled to costs on the standard basis; no indemnity costs; costs apportioned as per judgment; no order as to costs of contribution proceedings.

Orders

  • Claimant to recover costs of and occasioned by the proceedings on the standard basis if not agreed.
  • Defendants to bear claimant’s costs as provided in the substantive judgment order.