Bottin (International) Investments Ltd v (Venson Group Plc & Ors [2005] EWHC 90005 (Costs) (03 May 2005)

Bottin (International) Investments Ltd v (Venson Group Plc & Ors [2005] EWHC 90005 (Costs) (03 May 2005)

Absent an express order for immediate assessment, Bottin is not entitled to commence detailed assessment proceedings before conclusion of the main action; court's discretion should not be exercised in Bottin's favour due to fairness and procedural consistency.

Source-derived case information.

Citation
[2005] EWHC 90005 (Costs)
Parties
Appellant/claimant: Bottin (International) Investments Limited; Respondent/defendant: Venson Group PLC; Respondent/defendant: Grant Scriven; Respondent/defendant: Clive Lawson-Smith
Jurisdiction
England and Wales
Judgment Date
03 May 2005
Procedural Posture
Costs Application in Detailed Assessment Proceedings / Application to Determine Entitlement to Commence Detailed Assessment
Outcome
Application granted; Notice of Commencement set aside.
Legal Topics
Detailed Assessment of Costs, Timing of Costs Assessment, Court Discretion Under CPR 47.1 and CPD S28.1
Civil Procedure Costs Detailed Assessment of Costs Timing of Costs Assessment Court Discretion Under CPR 47.1 and CPD S28.1

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Parties

Bottin (International) Investments Limited

Appellant/claimant

Venson Group PLC

Respondent/defendant

Grant Scriven

Respondent/defendant

Clive Lawson-Smith

Respondent/defendant

Procedural Posture

Costs Application in Detailed Assessment Proceedings / Application to Determine Entitlement to Commence Detailed Assessment

Legal Issues

  1. 1 Whether Bottin is entitled to commence detailed assessment proceedings before conclusion of main action
  2. 2 Whether court should exercise discretion to allow detailed assessment to proceed

Ratio Decidendi

Absent an express order for immediate assessment, Bottin is not entitled to commence detailed assessment proceedings before conclusion of the main action; court's discretion should not be exercised in Bottin's favour due to fairness and procedural consistency.

Court Disposition

Application granted; Notice of Commencement set aside.

Orders

  • Notice of Commencement set aside.
  • Bottin to pay costs of the application to be assessed at conclusion of proceedings if not agreed and set off.