Corney v Scotia Gas Networks Ltd & Ors

Corney v Scotia Gas Networks Ltd & Ors

The Claimant is not entitled to recover her costs of pursuing the Third Defendant from the First and Second Defendants, as the necessary implication of the Tomlin Order and the circumstances is that such costs are irrecoverable. However, common costs will be divided item by item, with specific costs allocated to the relevant party, and non-specific common costs recoverable in full if they would have been incurred anyway.

Parties
Claimant: Norma Corney (Widow and Administratrix of the Estate of Charles Albert Corney Deceased); First Defendant: Scotia Gas Networks Ltd; Second Defendant: Southern Gas Networks PLC; Third Defendant: Warner Holidays Ltd
Jurisdiction
England and Wales
Judgment Date
10 May 2010
Procedural Posture
Costs Assessment (preliminary Issue) / Ruling on Preliminary Issue in Detailed Assessment Proceedings
Outcome
Claimant's costs of pursuing the Third Defendant are irrecoverable from the First and Second Defendants; common costs to be divided item by item.
Legal Topics
Costs Recovery, Discontinuance, Apportionment of Common Costs, Tomlin Orders
Civil Procedure Costs Costs Recovery Discontinuance Apportionment of Common Costs Tomlin Orders

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Parties

Norma Corney (Widow and Administratrix of the Estate of Charles Albert Corney Deceased)

Claimant

Scotia Gas Networks Ltd

First Defendant

Southern Gas Networks PLC

Second Defendant

Warner Holidays Ltd

Third Defendant

Procedural Posture

Costs Assessment (preliminary Issue) / Ruling on Preliminary Issue in Detailed Assessment Proceedings

Legal Issues

  1. 1 Whether the Claimant's costs in proceeding against the Third Defendant are recoverable from the First and Second Defendants
  2. 2 Whether common costs should be limited to a two-thirds recovery against the First and Second Defendants

Ratio Decidendi

The Claimant is not entitled to recover her costs of pursuing the Third Defendant from the First and Second Defendants, as the necessary implication of the Tomlin Order and the circumstances is that such costs are irrecoverable. However, common costs will be divided item by item, with specific costs allocated to the relevant party, and non-specific common costs recoverable in full if they would have been incurred anyway.

Court Disposition

Claimant's costs of pursuing the Third Defendant are irrecoverable from the First and Second Defendants; common costs to be divided item by item.

Orders

  • Specific costs attributable to the Third Defendant are irrecoverable from the First and Second Defendants.
  • Common costs will be divided item by item, with non-specific common costs recoverable in full if they would have been incurred anyway.