Kent v Paterson-Brown & Anor

Kent v Paterson-Brown & Anor

The inherent weakness of the claim and the claimant's disproportionate approach to aspects of the litigation justified indemnity costs for part of the proceedings. The appropriate rate of interest on costs is 2.5% above base, reflecting the defendants' status as individuals. Interim payments should be set at a high proportion of the costs claimed, given the likely recovery and absence of appeal.

Parties
Claimant: John Kent; First Defendant: William Paterson-Brown; Second Defendant: Timothy Paterson-Brown
Jurisdiction
England and Wales
Judgment Date
25 October 2018
Procedural Posture
Civil / Post Judgment Consequential Matters
Outcome
Claimant's claims dismissed; consequential orders on costs and payments issued.
Legal Topics
Indemnity Costs, Interest on Costs, Interim Payments, Assessment of Costs
Civil Procedure Costs Indemnity Costs Interest on Costs Interim Payments Assessment of Costs

Case Brief

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Parties

John Kent

Claimant

William Paterson-Brown

First Defendant

Timothy Paterson-Brown

Second Defendant

Procedural Posture

Civil / Post Judgment Consequential Matters

Legal Issues

  1. 1 Basis of assessment for first defendant's costs
  2. 2 Appropriate rate of interest on costs
  3. 3 Amount of interim payments on account of costs

Ratio Decidendi

The inherent weakness of the claim and the claimant's disproportionate approach to aspects of the litigation justified indemnity costs for part of the proceedings. The appropriate rate of interest on costs is 2.5% above base, reflecting the defendants' status as individuals. Interim payments should be set at a high proportion of the costs claimed, given the likely recovery and absence of appeal.

Court Disposition

Claimant's claims dismissed; consequential orders on costs and payments issued.

Orders

  • Claimant to pay first defendant's costs on standard basis up to 27 October 2017 and indemnity basis thereafter.
  • Claimant to pay interest on defendants' costs at 2.5% above base per annum up to 30 July 2018.