D Pride & Partners v Institute for Animal Health & Ors

D Pride & Partners v Institute for Animal Health & Ors

Defendants are the successful parties; claimants must pay defendants' costs on standard basis, including costs of trial bundles but not on indemnity basis. No separate order for statutory regime/Marcic/Stovin point. Interim payments ordered. Interest awarded at base rate plus 1% until four months after judgment, then at judgment debt rate.

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 Determination
Outcome
Costs awarded to defendants; claimants' applications for costs denied.
Legal Topics
Negligence, Private Nuisance, Rylands V. Fletcher, Costs, Interest on Costs, Settlement, Statutory Regime/marcic Defence, Duplication of Representation
Tort Civil Procedure Negligence Private Nuisance Rylands V. Fletcher Costs Interest on Costs Settlement +2 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 Determination

Legal Issues

  1. 1 Entitlement to costs following settlement and dismissal of claims
  2. 2 Appropriate basis and apportionment of costs
  3. 3 Interest rate and period applicable to costs

Ratio Decidendi

Defendants are the successful parties; claimants must pay defendants' costs on standard basis, including costs of trial bundles but not on indemnity basis. No separate order for statutory regime/Marcic/Stovin point. Interim payments ordered. Interest awarded at base rate plus 1% until four months after judgment, then at judgment debt rate.

Court Disposition

Costs awarded to defendants; claimants' applications for costs denied.

Orders

  • Claimants to pay defendants' costs on standard basis, to be assessed if not agreed.
  • Claimants to pay costs of trial bundles E1-E11, not on indemnity basis.