King & Ors v DWF LLP & Ors [2024] EWHC 668 (Comm) (02 February 2024)

King & Ors v DWF LLP & Ors [2024] EWHC 668 (Comm) (02 February 2024)

Given the claimants' conduct, the lack of merit in the claims, and the risk of unrecoverable costs, indemnity costs are appropriate. However, due to the complexity and size of the case, summary assessment is not ordered at this stage; instead, detailed assessment with payments on account is directed. The claim is certified as totally without merit.

Citation
[2024] EWHC 668 (Comm)
Parties
Claimant: Anthony King; Claimant: James King; Claimant: Susan King; First Defendant: DWF LLP; Second Defendant: Peter Morcos; Third Defendant: Alexander Hall Taylor KC
Jurisdiction
England and Wales
Judgment Date
02 February 2024
Procedural Posture
Commercial Court Claim / Post Trial Consequential Hearing on Costs and Merit Certification
Outcome
Claim dismissed as totally without merit; costs to defendants on the indemnity basis; detailed assessment with payments on account ordered.
Legal Topics
Indemnity Costs, Summary Assessment, Detailed Assessment, Totally Without Merit Certification
Civil Procedure Costs Indemnity Costs Summary Assessment Detailed Assessment Totally Without Merit Certification

Case Brief

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Parties

Anthony King

Claimant

James King

Claimant

Susan King

Claimant

DWF LLP

First Defendant

Peter Morcos

Second Defendant

Alexander Hall Taylor KC

Third Defendant

Procedural Posture

Commercial Court Claim / Post Trial Consequential Hearing on Costs and Merit Certification

Legal Issues

  1. 1 Whether costs should be assessed on the indemnity basis
  2. 2 Whether summary assessment or detailed assessment of costs is appropriate
  3. 3 Whether the claim was totally without merit

Ratio Decidendi

Given the claimants' conduct, the lack of merit in the claims, and the risk of unrecoverable costs, indemnity costs are appropriate. However, due to the complexity and size of the case, summary assessment is not ordered at this stage; instead, detailed assessment with payments on account is directed. The claim is certified as totally without merit.

Court Disposition

Claim dismissed as totally without merit; costs to defendants on the indemnity basis; detailed assessment with payments on account ordered.

Orders

  • Claim certified as totally without merit.
  • Claimants to pay defendants' costs on the indemnity basis.