Lejonvarn v Burgess & Anor

Lejonvarn v Burgess & Anor

Respondents' pursuit of speculative and weak claims after the Court of Appeal judgment, combined with unreasonable refusal to accept and failure to beat the appellant's early Part 36 offer, constituted conduct out of the norm and justified an order for indemnity costs from 7 May 2017 onwards. Costs budgeting regime does not limit indemnity costs assessment.

Parties
Appellant/defendant: Ms Basia Lejonvarn; Respondents/claimants: Mr Peter Burgess & Mrs Lynn Burgess
Jurisdiction
England and Wales
Judgment Date
06 February 2020
Procedural Posture
Civil Appeal / Appeal From Technology and Construction Court, Costs Determination
Outcome
Appeal allowed in part; order for indemnity costs from 7 May 2017, standard costs prior to that date.
Legal Topics
Indemnity Costs, Standard Costs, CPR Part 36 Offers, Speculative Claims, Costs Budgeting
Civil Procedure Costs Indemnity Costs Standard Costs CPR Part 36 Offers Speculative Claims Costs Budgeting

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Parties

Ms Basia Lejonvarn

Appellant/defendant

Mr Peter Burgess & Mrs Lynn Burgess

Respondents/claimants

Procedural Posture

Civil Appeal / Appeal From Technology and Construction Court, Costs Determination

Legal Issues

  1. 1 Whether respondents' conduct was out of the norm to justify indemnity costs
  2. 2 Whether failure to accept and beat Part 36 offer warrants indemnity costs
  3. 3 Relevance of costs budget in indemnity costs assessment

Ratio Decidendi

Respondents' pursuit of speculative and weak claims after the Court of Appeal judgment, combined with unreasonable refusal to accept and failure to beat the appellant's early Part 36 offer, constituted conduct out of the norm and justified an order for indemnity costs from 7 May 2017 onwards. Costs budgeting regime does not limit indemnity costs assessment.

Court Disposition

Appeal allowed in part; order for indemnity costs from 7 May 2017, standard costs prior to that date.

Orders

  • Indemnity costs awarded to appellant from 7 May 2017 onwards.
  • Appellant's costs prior to 7 May 2017 to be assessed on the standard basis.