D Pride & Partners v Institute for Animal Health & Ors [2009] EWHC 1617 (QB) (08 July 2009)

D Pride & Partners v Institute for Animal Health & Ors [2009] EWHC 1617 (QB) (08 July 2009)

The claimants, having either settled on terms no more advantageous than pre-action offers or having had their claims dismissed, are to pay the defendants' costs on the standard basis, with no reduction for statutory regime/Marcic issues or duplication of representation. Interim payments on account of costs are ordered in the amounts sought by the defendants. Interest on costs is to be awarded at base rate plus 1%, with judgment rate interest to commence four months after the order.

Citation
[2009] EWHC 1617
Parties
Claimant: D Pride & Partners; First Defendant: Institute for Animal Health; Second Defendant: Merial; Third Defendant: Secretary of State for Environment, Food and Rural Affairs (DEFRA)
Jurisdiction
England and Wales
Judgment Date
08 July 2009
Procedural Posture
Civil / Post Judgment (costs Applications After Dismissal and Settlement)
Outcome
Defendants awarded costs; claimants' applications for costs refused; interim payments on account of costs ordered.
Legal Topics
Negligence, Private Nuisance, Rylands V Fletcher, Costs, Summary Judgment, Strike Out Applications, Interest on Costs, Settlement, Pre Action Protocol
Tort Law Civil Procedure Negligence Private Nuisance Rylands V Fletcher Costs Summary Judgment Strike Out Applications +3 more

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Parties

D Pride & Partners

Claimant

Institute for Animal Health

First Defendant

Merial

Second Defendant

Secretary of State for Environment, Food and Rural Affairs (DEFRA)

Third Defendant

Procedural Posture

Civil / Post Judgment (costs Applications After Dismissal and Settlement)

Legal Issues

  1. 1 Whether claimants or defendants should bear costs following settlement and dismissal of claims
  2. 2 Whether costs should be apportioned or reduced due to statutory regime/Marcic defence or duplication of representation
  3. 3 Appropriate basis and quantum for interim payments on account of costs

Ratio Decidendi

The claimants, having either settled on terms no more advantageous than pre-action offers or having had their claims dismissed, are to pay the defendants' costs on the standard basis, with no reduction for statutory regime/Marcic issues or duplication of representation. Interim payments on account of costs are ordered in the amounts sought by the defendants. Interest on costs is to be awarded at base rate plus 1%, with judgment rate interest to commence four months after the order.

Court Disposition

Defendants awarded costs; claimants' applications for costs refused; interim payments on account of costs ordered.

Orders

  • First to seventh claimants to pay IAH's and Merial's costs of proceedings (except those covered by settlement) on the standard basis, to be assessed if not agreed.
  • Eighth to fourteenth claimants to pay IAH's, Merial's, and DEFRA's costs of proceedings on the standard basis, to be assessed if not agreed.