Hurst & Anor v Denton-Cox [2014] EWHC 3948 (Ch) (16 October 2014)

Hurst & Anor v Denton-Cox [2014] EWHC 3948 (Ch) (16 October 2014)

No breach of indemnity principle was established; pre-action costs are recoverable under 'costs of the action' orders; costs thrown away due to adjournment caused by undisclosed conflict should not be paid by claimants; litigant in person rate applies unless enforceable agreement exists; oral conditional fee agreement unenforceable as not in writing.

Citation
[2014] EWHC 3948 (Ch)
Parties
Claimants/appellants: Hurst & Anr; Defendant/respondent: Denton-Cox
Jurisdiction
England and Wales
Judgment Date
16 October 2014
Procedural Posture
Appeal Against Costs Assessment / Judgment on Appeal
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Indemnity Principle, Costs Assessment, Conflict of Interest, Litigant in Person Costs, Conditional Fee Agreements
Civil Procedure Costs Law Professional Negligence Indemnity Principle Costs Assessment Conflict of Interest Litigant in Person Costs Conditional Fee Agreements

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Parties

Hurst & Anr

Claimants/appellants

Denton-Cox

Defendant/respondent

Procedural Posture

Appeal Against Costs Assessment / Judgment on Appeal

Legal Issues

  1. 1 Whether costs schedules breached the indemnity principle
  2. 2 Whether pre-action costs are recoverable under 'costs of the action' orders
  3. 3 Whether costs thrown away due to adjournment should be paid by claimants

Ratio Decidendi

No breach of indemnity principle was established; pre-action costs are recoverable under 'costs of the action' orders; costs thrown away due to adjournment caused by undisclosed conflict should not be paid by claimants; litigant in person rate applies unless enforceable agreement exists; oral conditional fee agreement unenforceable as not in writing.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • Reduction of assessed costs from £15,000 to £10,000 to exclude costs referable to adjournment caused by conflict
  • Claimants awarded costs for wasted time due to adjournment at litigant in person rate