Excelerate Technology Ltd v Cumberbatch & Ors (Rev 1)

Excelerate Technology Ltd v Cumberbatch & Ors (Rev 1)

David Osmond is joined as a defendant for costs due to his control and benefit from the proceedings. The Defendants' conduct was exceptional and reprehensible, justifying indemnity costs. The claimant's costs budget cannot be increased post-incurrence, but additional costs are reasonable and proportionate. Payment on account of costs is ordered at 90% of actual costs.

Parties
Claimant: Excelerate Technology Ltd; First Defendant: Lindsay Cumberbatch; Second Defendant: Red Foot Technologies Ltd; Third Defendant: David Osmond
Jurisdiction
England and Wales
Judgment Date
16 January 2015
Procedural Posture
Civil / Post Judgment Costs Order
Outcome
Application granted in part; costs orders made.
Legal Topics
Indemnity Costs, Non Party Costs Orders, Disclosure Obligations, Costs Budgeting
Civil Procedure Costs Indemnity Costs Non Party Costs Orders Disclosure Obligations Costs Budgeting

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Parties

Excelerate Technology Ltd

Claimant

Lindsay Cumberbatch

First Defendant

Red Foot Technologies Ltd

Second Defendant

David Osmond

Third Defendant

Procedural Posture

Civil / Post Judgment Costs Order

Legal Issues

  1. 1 Should David Osmond be joined as a defendant for costs?
  2. 2 Should costs be assessed on the indemnity basis?
  3. 3 Should the claimant's costs budget be increased?

Ratio Decidendi

David Osmond is joined as a defendant for costs due to his control and benefit from the proceedings. The Defendants' conduct was exceptional and reprehensible, justifying indemnity costs. The claimant's costs budget cannot be increased post-incurrence, but additional costs are reasonable and proportionate. Payment on account of costs is ordered at 90% of actual costs.

Court Disposition

Application granted in part; costs orders made.

Orders

  • David Osmond joined as defendant for costs purposes.
  • Defendants to pay costs of the claim, assessed if not agreed.