Miskin & Anor v St John Vaughan [2002] EWHC 9007 (Costs) (18 September 2002)
There was a co-existing obligation on both the Defendants and their insurers to pay the solicitors' costs, so the indemnity principle was not breached. As neither the Defendants nor their insurers could recover VAT as input tax, VAT was payable by the Appellants on the assessed costs.
- Citation
- [2002] EWHC 9007 (Costs)
- Parties
- Claimants/appellants: Mr & Mrs Miskin; Defendants/respondents: St John Vaughan (Defendant firm, estate agents)
- Jurisdiction
- England and Wales
- Judgment Date
- 18 September 2002
- Procedural Posture
- Costs Appeal / Appeal From Detailed Assessment by Chief Costs Officer
- Outcome
- Appeal dismissed
- Legal Topics
- Indemnity Principle, VAT on Legal Costs, Detailed Assessment of Costs
Case Brief
Summary, issues, holding and outcome
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Parties
Mr & Mrs Miskin
Claimants/appellants
St John Vaughan (Defendant firm, estate agents)
Defendants/respondents
Procedural Posture
Costs Appeal / Appeal From Detailed Assessment by Chief Costs Officer
Legal Issues
- 1 Whether the indemnity principle precludes the Defendants from recovering costs and VAT from the Appellants
- 2 Whether VAT is payable by the Appellants on the Defendants' costs
Ratio Decidendi
There was a co-existing obligation on both the Defendants and their insurers to pay the solicitors' costs, so the indemnity principle was not breached. As neither the Defendants nor their insurers could recover VAT as input tax, VAT was payable by the Appellants on the assessed costs.
Court Disposition
Appeal dismissed
Orders
- The assessed costs are reduced to £28,700 plus VAT.
- VAT is payable by the Appellants on the assessed costs.
Full Case Text
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