Zavorotnii v Malinowski [2025] EWHC 260 (KB) (06 February 2025)

Zavorotnii v Malinowski [2025] EWHC 260 (KB) (06 February 2025)

Although the claimant's costs budget was overly ambitious and verged on being unrealistic, the claimant succeeded in obtaining approval for 60% of the budget sought and 18% more than the defendant's offer. Therefore, the appropriate order remains 'costs in the case', but parties are warned that future unrealistic budgets may result in adverse costs orders.

Citation
[2025] EWHC 260 (KB)
Parties
Claimant: Mr Leon Zavorotnii; Defendant and Part 20 Claimant: Mr Lucasz Malinowski; Third Party: Mr Plamen Nikolov; Third Party: National Farmers Union Mutual Insurance Society Limited
Jurisdiction
England and Wales
Judgment Date
06 February 2025
Procedural Posture
Personal Injury / Costs Case Management Hearing
Outcome
Costs in the case
Legal Topics
Costs Management, Costs Budgeting, Case Management, Limitation, Negligence
Civil Procedure Personal Injury Costs Management Costs Budgeting Case Management Limitation Negligence

Case Brief

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Parties

Mr Leon Zavorotnii

Claimant

Mr Lucasz Malinowski

Defendant and Part 20 Claimant

Mr Plamen Nikolov

Third Party

National Farmers Union Mutual Insurance Society Limited

Third Party

Procedural Posture

Personal Injury / Costs Case Management Hearing

Legal Issues

  1. 1 Whether the costs order for the costs management hearing should be 'costs in the case' or awarded to the defendant due to the claimant's ambitious costs budget

Ratio Decidendi

Although the claimant's costs budget was overly ambitious and verged on being unrealistic, the claimant succeeded in obtaining approval for 60% of the budget sought and 18% more than the defendant's offer. Therefore, the appropriate order remains 'costs in the case', but parties are warned that future unrealistic budgets may result in adverse costs orders.

Court Disposition

Costs in the case

Orders

  • Costs of the costs management hearing on 20 December 2024 to be costs in the case