Two Right Feet Ltd v National Westminster Bank Plc & Ors

Two Right Feet Ltd v National Westminster Bank Plc & Ors

The claimant's conduct, including making serious and unjustified allegations, exaggerating quantum, failing to investigate the merits of the claim, non-compliance with disclosure obligations, and delay, was unreasonable and took the case out of the norm, justifying an order for indemnity costs in favour of the defendants.

Parties
Claimant: Two Right Feet Limited (In Liquidation); First Defendant: National Westminster Bank PLC; Second Defendant: Royal Bank of Scotland PLC; Third Defendant: KPMG LLP
Jurisdiction
England and Wales
Judgment Date
16 June 2017
Procedural Posture
Civil / Post Discontinuance Costs Application
Outcome
Defendants' applications for indemnity costs granted
Legal Topics
Indemnity Costs, Discontinuance, Unjustified Allegations, Disclosure Obligations
Civil Procedure Costs Indemnity Costs Discontinuance Unjustified Allegations Disclosure Obligations

Case Brief

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Parties

Two Right Feet Limited (In Liquidation)

Claimant

National Westminster Bank PLC

First Defendant

Royal Bank of Scotland PLC

Second Defendant

KPMG LLP

Third Defendant

Procedural Posture

Civil / Post Discontinuance Costs Application

Legal Issues

  1. 1 Whether the defendants are entitled to indemnity costs following the claimant's discontinuance of proceedings
  2. 2 Whether the claimant's conduct justifies an order for indemnity costs

Ratio Decidendi

The claimant's conduct, including making serious and unjustified allegations, exaggerating quantum, failing to investigate the merits of the claim, non-compliance with disclosure obligations, and delay, was unreasonable and took the case out of the norm, justifying an order for indemnity costs in favour of the defendants.

Court Disposition

Defendants' applications for indemnity costs granted

Orders

  • Claimant to pay the defendants' costs on the indemnity basis