Excelerate Technology Ltd v Cumberbatch & Ors (Rev 1) [2015] EWHC 204 (QB) (16 January 2015)

Excelerate Technology Ltd v Cumberbatch & Ors (Rev 1) [2015] EWHC 204 (QB) (16 January 2015)

Osmond controlled and benefited from the defence, failed disclosure, and conduct was exceptional and deceitful, justifying joinder for costs and indemnity costs. Claimant's additional costs were reasonable and proportionate. Payment on account of costs at 90% is appropriate.

Citation
[2015] EWHC 204
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
Costs Order (post Judgment) / Post Judgment Costs Determination
Outcome
Application granted in full.
Legal Topics
Non Party Costs Orders, Indemnity Costs, Costs Budgeting, Disclosure Obligations
Civil Procedure Costs Non Party Costs Orders Indemnity Costs Costs Budgeting Disclosure Obligations

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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

Costs Order (post Judgment) / Post Judgment Costs Determination

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

Osmond controlled and benefited from the defence, failed disclosure, and conduct was exceptional and deceitful, justifying joinder for costs and indemnity costs. Claimant's additional costs were reasonable and proportionate. Payment on account of costs at 90% is appropriate.

Court Disposition

Application granted in full.

Orders

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