Tidal Energy Ltd v Bank of Scotland Plc

Tidal Energy Ltd v Bank of Scotland Plc

The application for a costs capping order was dismissed because the court found that the risk of disproportionate costs could be adequately controlled by detailed assessment of costs, and there was no evidence that this mechanism would be inadequate in this case.

Parties
Claimant/applicant: Tidal Energy Ltd; Defendant/respondent: Bank of Scotland PLC
Jurisdiction
England and Wales
Judgment Date
30 April 2014
Procedural Posture
Civil Appeal / Application for Costs Capping Order on Appeal
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

Case Brief

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Parties

Tidal Energy Ltd

Claimant/applicant

Bank of Scotland PLC

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Costs Capping Order on Appeal

Legal Issues

  1. 1 Whether a costs capping order should be made under CPR 3.19 in the context of an appeal
  2. 2 Whether detailed assessment of costs is an adequate mechanism to control disproportionate costs

Ratio Decidendi

The application for a costs capping order was dismissed because the court found that the risk of disproportionate costs could be adequately controlled by detailed assessment of costs, and there was no evidence that this mechanism would be inadequate in this case.

Court Disposition

Application dismissed

Orders

  • Application for costs capping order under CPR 3.19 is dismissed.