Tidal Energy Ltd v Bank of Scotland Plc [2014] EWCA Civ 847 (30 April 2014)

Tidal Energy Ltd v Bank of Scotland Plc [2014] EWCA Civ 847 (30 April 2014)

The risk of disproportionate costs can be adequately controlled by detailed assessment, so the precondition for a costs capping order under CPR 3.19(5)(c) is not satisfied; therefore, the application for a costs cap is dismissed.

Citation
[2014] EWCA Civ 847
Parties
Claimant/applicant: Tidal Energy Ltd; Defendant/respondent: Bank of Scotland PLC
Jurisdiction
England and Wales
Judgment Date
30 April 2014
Procedural Posture
Appeal / Application for Costs Capping Order
Outcome
Application dismissed
Legal Topics
Costs Capping Order, Interpretation of CPR 3.19, Detailed Assessment of Costs
Civil Procedure Costs Capping Order Interpretation of CPR 3.19 Detailed Assessment of Costs

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Parties

Tidal Energy Ltd

Claimant/applicant

Bank of Scotland PLC

Defendant/respondent

Procedural Posture

Appeal / Application for Costs Capping Order

Legal Issues

  1. 1 Whether a costs capping order should be made under CPR 3.19 in an appeal
  2. 2 Interpretation of CPR 3.19(5)(c) regarding adequate control of costs

Ratio Decidendi

The risk of disproportionate costs can be adequately controlled by detailed assessment, so the precondition for a costs capping order under CPR 3.19(5)(c) is not satisfied; therefore, the application for a costs cap is dismissed.

Court Disposition

Application dismissed