Lloyd v Svenby

Lloyd v Svenby

Mr Lloyd must pay 80 per cent of Mr Svenby's costs, assessed on an indemnity basis, due to the failure of his claim, the aggressive and unfounded nature of his allegations, rejection of a reasonable settlement offer, and the disproportionate costs incurred.

Parties
Claimant: Allen John Lloyd; First Defendant: Staffan Svenby; Second Defendant: The Secretary of State for Transport
Jurisdiction
England and Wales
Judgment Date
21 March 2006
Procedural Posture
Civil / Costs Judgment Following Dismissal of Claim and Counterclaim
Outcome
Costs judgment; claimant to pay 80% of first defendant's costs on indemnity basis, with interest and interim payment.
Legal Topics
Indemnity Costs, Interest on Costs, Settlement Offers, Malicious Falsehood, Injunctive Relief
Civil Procedure Costs Indemnity Costs Interest on Costs Settlement Offers Malicious Falsehood Injunctive Relief

Case Brief

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Parties

Allen John Lloyd

Claimant

Staffan Svenby

First Defendant

The Secretary of State for Transport

Second Defendant

Procedural Posture

Civil / Costs Judgment Following Dismissal of Claim and Counterclaim

Legal Issues

  1. 1 Who should bear the costs of proceedings after dismissal of claim and counterclaim
  2. 2 Whether costs should be assessed on an indemnity basis
  3. 3 Impact of late amendment to plead non-justiciability

Ratio Decidendi

Mr Lloyd must pay 80 per cent of Mr Svenby's costs, assessed on an indemnity basis, due to the failure of his claim, the aggressive and unfounded nature of his allegations, rejection of a reasonable settlement offer, and the disproportionate costs incurred.

Court Disposition

Costs judgment; claimant to pay 80% of first defendant's costs on indemnity basis, with interest and interim payment.

Orders

  • Mr Lloyd to pay 80% of Mr Svenby's costs, assessed on an indemnity basis, subject to the order on the second inspection.
  • Mr Lloyd to pay interest at 1% over base rate from the date of payment by Mr Svenby of each of his solicitors’ bills on 80% of the amount so paid.