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)

Given Mr. Osmond's control, benefit, and involvement in the litigation, and the defendants' deceitful and exceptional conduct, it is just to join Mr. Osmond for costs, award indemnity costs, and order a payment on account. The claimant's additional costs were reasonably and proportionately incurred, but the budget cannot be formally increased post-incurrence.

Citation
[2015] EWHC 204 (QB)
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
Civil (costs Order) / Post Judgment (costs Determination)
Outcome
Application granted in substantial part.
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

Civil (costs Order) / Post Judgment (costs Determination)

Legal Issues

  1. 1 Whether David Osmond should be joined as a defendant for the purpose of costs liability
  2. 2 Whether costs should be assessed on the indemnity basis
  3. 3 Whether the claimant's costs budget should be increased

Ratio Decidendi

Given Mr. Osmond's control, benefit, and involvement in the litigation, and the defendants' deceitful and exceptional conduct, it is just to join Mr. Osmond for costs, award indemnity costs, and order a payment on account. The claimant's additional costs were reasonably and proportionately incurred, but the budget cannot be formally increased post-incurrence.

Court Disposition

Application granted in substantial part.

Orders

  • David Osmond joined as defendant for costs purposes.
  • Defendants to pay claimant's costs, to be assessed if not agreed.