Hollins v Russell [2003] EWCA Civ 974 (25 June 2003)

Hollins v Russell [2003] EWCA Civ 974 (25 June 2003)

In complex litigation, costs should be awarded to claimants throughout unless points were unreasonably taken; issue-based discounts are inappropriate. Indemnity costs may be awarded from the last date an offer could have been accepted. Detailed assessment is required for unresolved costs.

Citation
[2003] EWCA Civ 974
Parties
Claimant/appellant: Bradley Hollins; Defendant/respondent: Rev S H Russell; Appellant/claimant: Mark Edward Tichband; Respondent/defendant: Mrs B Hurdman; Respondent/claimant: Alison Dunn; Defendant/appellant: Helen Ward; Claimant/respondent: Dora May Pratt; Defendant/appellant: Daniel David Michael Bull; Claimant/respondent: John Joseph Worth; Defendant/appellant: James Joseph McKenna; Claimant/respondent: Gerald Sharratt; Defendant/appellant: London Central Bus Company Limited
Jurisdiction
England and Wales
Judgment Date
25 June 2003
Procedural Posture
Appeal / Court of Appeal (civil Division)
Outcome
Appeals allowed in part; costs orders varied.
Legal Topics
Costs Assessment, Issue Based Costs, Indemnity Costs, Detailed Assessment
Civil Procedure Costs Costs Assessment Issue Based Costs Indemnity Costs Detailed Assessment

Case Brief

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Parties

Bradley Hollins

Claimant/appellant

Rev S H Russell

Defendant/respondent

Mark Edward Tichband

Appellant/claimant

Mrs B Hurdman

Respondent/defendant

Alison Dunn

Respondent/claimant

Helen Ward

Defendant/appellant

Dora May Pratt

Claimant/respondent

Daniel David Michael Bull

Defendant/appellant

John Joseph Worth

Claimant/respondent

James Joseph McKenna

Defendant/appellant

Gerald Sharratt

Claimant/respondent

London Central Bus Company Limited

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal (civil Division)

Legal Issues

  1. 1 Entitlement to costs in complex litigation
  2. 2 Appropriate basis for costs orders
  3. 3 Issue-based costs versus overall costs

Ratio Decidendi

In complex litigation, costs should be awarded to claimants throughout unless points were unreasonably taken; issue-based discounts are inappropriate. Indemnity costs may be awarded from the last date an offer could have been accepted. Detailed assessment is required for unresolved costs.

Court Disposition

Appeals allowed in part; costs orders varied.

Orders

  • Claimants entitled to costs throughout in Hollins v Russell, £7,500 on account, remainder to detailed assessment.
  • Claimants entitled to costs throughout and indemnity costs from last offer date in Tichband v Hurdman, £20,000 on account, remainder to detailed assessment.