AB & Ors v British Coal Corporation (Department of Trade & Industry)

AB & Ors v British Coal Corporation (Department of Trade & Industry)

DTI succeeded in appeal and are entitled to their costs, including application for permission to appeal, to be set off against generic costs payable to CG; no costs order against UDM for appeal; no costs order for DTI regarding excluded evidence or Beresfords' delay; DTI's liability for UDM's second leading counsel limited to 20%.

Parties
Claimants: AB & Others; Defendants: British Coal Corporation (Department of Trade & Industry)
Jurisdiction
England and Wales
Judgment Date
27 June 2007
Procedural Posture
Costs Determination in Civil Litigation / Post Judgment Costs Ruling
Outcome
DTI awarded costs of appeal against claimants (CG), set off against generic costs; no costs order against UDM for appeal; no costs order for DTI regarding excluded evidence or Beresfords' delay; DTI's liability for UDM's second leading counsel limited to 20%.
Legal Topics
Costs Orders, Appeals, Non Party Costs Liability, Legal Representation, Evidence Admissibility
Civil Procedure Costs Costs Orders Appeals Non Party Costs Liability Legal Representation Evidence Admissibility

Case Brief

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Parties

AB & Others

Claimants

British Coal Corporation (Department of Trade & Industry)

Defendants

Procedural Posture

Costs Determination in Civil Litigation / Post Judgment Costs Ruling

Legal Issues

  1. 1 Who should bear the costs of the appeal regarding OROS costs selection?
  2. 2 Should costs be awarded for evidence excluded by court order?
  3. 3 Should costs be awarded for delay in evidence provision by Beresfords?

Ratio Decidendi

DTI succeeded in appeal and are entitled to their costs, including application for permission to appeal, to be set off against generic costs payable to CG; no costs order against UDM for appeal; no costs order for DTI regarding excluded evidence or Beresfords' delay; DTI's liability for UDM's second leading counsel limited to 20%.

Court Disposition

DTI awarded costs of appeal against claimants (CG), set off against generic costs; no costs order against UDM for appeal; no costs order for DTI regarding excluded evidence or Beresfords' delay; DTI's liability for UDM's second leading counsel limited to 20%.

Orders

  • Claimants to pay DTI's costs of appeal, including application for permission to appeal, by set off against generic costs payable to CG.
  • No costs order against UDM for appeal.