Jagger v Holland [2020] EWHC 1197 (QB) (12 May 2020)

Jagger v Holland [2020] EWHC 1197 (QB) (12 May 2020)

D3's costs should be paid on the standard basis, not indemnity, due to the time-limited nature of the Calderbank offer, D3's failure to comply with ADR directions, and unsatisfactory evidence. Both D1 and D2 are responsible for D3's costs, but D2 should bear a higher proportion (60%) due to its primary role in joining D3 and the conduct of the proceedings.

Citation
[2020] EWHC 1197 (QB)
Parties
Claimant: Joanne Jagger; 1st Defendant: Austin Holland; 2nd Defendant: Cambridge Live Ltd; 3rd Defendant/third Party: Stanley Thurston (trading as S. C. Thurston & Sons)
Jurisdiction
England and Wales
Judgment Date
12 May 2020
Procedural Posture
Personal Injury Negligence / Post Trial, Costs Determination
Outcome
D3's costs to be paid on the standard basis by D1 and D2 in the proportions of 40% and 60% respectively. D1 to pay D2 £37,550 within 21 days for overpayment of interim payments and costs.
Legal Topics
Personal Injury, Negligence, Costs, Contributory Negligence, Apportionment of Liability
Tort Law Civil Procedure Personal Injury Negligence Costs Contributory Negligence Apportionment of Liability

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Parties

Joanne Jagger

Claimant

Austin Holland

1st Defendant

Cambridge Live Ltd

2nd Defendant

Stanley Thurston (trading as S. C. Thurston & Sons)

3rd Defendant/third Party

Procedural Posture

Personal Injury Negligence / Post Trial, Costs Determination

Legal Issues

  1. 1 Whether D3 is entitled to indemnity costs or standard costs
  2. 2 Which defendants should pay D3's costs and in what proportion
  3. 3 Whether D2 is entitled to reimbursement from D1 for overpayment

Ratio Decidendi

D3's costs should be paid on the standard basis, not indemnity, due to the time-limited nature of the Calderbank offer, D3's failure to comply with ADR directions, and unsatisfactory evidence. Both D1 and D2 are responsible for D3's costs, but D2 should bear a higher proportion (60%) due to its primary role in joining D3 and the conduct of the proceedings.

Court Disposition

D3's costs to be paid on the standard basis by D1 and D2 in the proportions of 40% and 60% respectively. D1 to pay D2 £37,550 within 21 days for overpayment of interim payments and costs.

Orders

  • D3's costs assessed on the standard basis.
  • D1 to pay 40% and D2 to pay 60% of D3's costs.