Generali France Assurances v Kimmins [2021] EWHC B25 (Costs) (23 November 2021)

Generali France Assurances v Kimmins [2021] EWHC B25 (Costs) (23 November 2021)

The 2019 consent order entitles Generali only to the additional, procedural costs of bringing the Part 20 claim against Mr Kimmins, not to the costs of defending the Green Proceedings. The Medway Oil principle applies, preventing recovery of liability costs from Mr Kimmins, and the order must be interpreted in the context of the other orders made in the proceedings.

Citation
[2021] EWHC B25 (Costs)
Parties
Claimant: Ulrike Green (Mother and Personal Representative of Jill Alison Green, Deceased); Defendant / Part 20 Claimant: Generali France Assurances; Part 20 Defendant: John Kimmins
Jurisdiction
England and Wales
Judgment Date
23 November 2021
Procedural Posture
Costs Assessment / Part 20 Claim / Assessment of Costs Following Consent Order
Outcome
For the paying party (Mr Kimmins) on point 2 of the points of dispute.
Legal Topics
Costs Orders, Part 20 Claims, Contribution Proceedings, Claim and Counterclaim, Apportionment of Costs
Civil Procedure Costs Costs Orders Part 20 Claims Contribution Proceedings Claim and Counterclaim Apportionment of Costs

Case Brief

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Parties

Ulrike Green (Mother and Personal Representative of Jill Alison Green, Deceased)

Claimant

Generali France Assurances

Defendant / Part 20 Claimant

John Kimmins

Part 20 Defendant

Procedural Posture

Costs Assessment / Part 20 Claim / Assessment of Costs Following Consent Order

Legal Issues

  1. 1 Whether Generali France Assurances can recover costs of defending the Green Proceedings from Mr Kimmins under the Part 20 claim order
  2. 2 Proper interpretation of the 2019 consent order as to scope of recoverable costs

Ratio Decidendi

The 2019 consent order entitles Generali only to the additional, procedural costs of bringing the Part 20 claim against Mr Kimmins, not to the costs of defending the Green Proceedings. The Medway Oil principle applies, preventing recovery of liability costs from Mr Kimmins, and the order must be interpreted in the context of the other orders made in the proceedings.

Court Disposition

For the paying party (Mr Kimmins) on point 2 of the points of dispute.

Orders

  • Generali France Assurances is entitled only to the additional, procedural costs of the Part 20 claim; not to the costs of defending the Green Proceedings.