Hay v Szterbin & Ors [2010] EWHC 1967 (Ch) (29 July 2010)

Hay v Szterbin & Ors [2010] EWHC 1967 (Ch) (29 July 2010)

Common costs do not fall to be apportioned under the consent order, but may be divided where they can be attributed to the claim against the Third Defendant by division; only those costs which, on division, relate exclusively to the professional negligence claim are recoverable from the Third Defendant.

Citation
[2010] EWHC 1967 (Ch)
Parties
Claimant: Karin Lucy Hay; First Defendant: Hendryk Szterbin; Second Defendant: Joanna Barbara Szterbin; Third Defendant: Green Wright Chalton Annis (A firm)
Jurisdiction
England and Wales
Judgment Date
29 July 2010
Procedural Posture
Appeal / Judgment on Appeal From Costs Decision
Outcome
Appeal allowed in part
Legal Topics
Interpretation of Consent Orders, Apportionment and Division of Costs, Professional Negligence, Tomlin Orders
Civil Procedure Costs Interpretation of Consent Orders Apportionment and Division of Costs Professional Negligence Tomlin Orders

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Parties

Karin Lucy Hay

Claimant

Hendryk Szterbin

First Defendant

Joanna Barbara Szterbin

Second Defendant

Green Wright Chalton Annis (A firm)

Third Defendant

Procedural Posture

Appeal / Judgment on Appeal From Costs Decision

Legal Issues

  1. 1 Whether common costs should be apportioned or divided under the consent order
  2. 2 Proper construction of 'relate exclusively' in the costs provision

Ratio Decidendi

Common costs do not fall to be apportioned under the consent order, but may be divided where they can be attributed to the claim against the Third Defendant by division; only those costs which, on division, relate exclusively to the professional negligence claim are recoverable from the Third Defendant.

Court Disposition

Appeal allowed in part

Orders

  • Paragraph 2 of Master Haworth's order is set aside.
  • Order to be made that Green Wright Chalton Annis are not liable for any common costs except to the extent those costs fall to be attributed to the claim against them by division (not apportionment).