Whaleys (Bradford) Led v Bennett& Anor

The defendants' deliberate and unreasonable conduct in evading payment and compliance with court orders took the case out of the norm, justifying an order for indemnity costs rather than standard costs.

Parties: Appellant (claimant): Whaleys (Bradford) Limited; Respondent (defendant): Garry Bennett; Respondent (defendant): Jonathan Cubitt
Jurisdiction: England and Wales
Judgment Date: 15 December 2017
Procedural Posture: Civil Appeal / Appeal From County Court Decision on Costs Assessment
Outcome: Appeal allowed
Legal Topics: Indemnity Costs, Fixed Costs Regime, Enforcement of Judgments, Conduct of Parties, Assessment of Costs

Civil Procedure Costs Indemnity Costs Fixed Costs Regime Enforcement of Judgments Conduct of Parties Assessment of Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 3

Parties

Whaleys (Bradford) Limited

Appellant (claimant)

Garry Bennett

Respondent (defendant)

Jonathan Cubitt

Respondent (defendant)

Procedural Posture

Civil Appeal / Appeal From County Court Decision on Costs Assessment

Legal Issues

1 Whether the County Court judge erred in refusing to order indemnity costs against the defendants for their conduct during enforcement proceedings
2 Whether the test for indemnity costs is 'exceptional' circumstances or 'out of the norm' conduct

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Order of 18 August 2016 varied to direct assessment of costs on the indemnity basis against Mr Bennett and Mr Cubitt
Assessment of costs remitted to the County Court