Hawksford Trustees Jersey Ltd v Stella Global UK Ltd & Anor [2012] EWCA Civ 987 (19 July 2012)

Hawksford Trustees Jersey Ltd v Stella Global UK Ltd & Anor [2012] EWCA Civ 987 (19 July 2012)

The majority held that the ATE insurance premium taken out for the first time at the appeal stage, insofar as it covers the risk of incurring a costs liability at trial, is not recoverable as part of the costs of the appeal under s.29 Access to Justice Act 1999. Trial and appeal are separate proceedings for costs purposes, and the statute does not permit retrospective recovery of trial-related premiums incurred only at the appeal stage.

Citation
[2012] EWCA Civ 987
Parties
Claimant/respondent: Hawksford Trustees Jersey Limited as Trustee of the Bald Eagle Trust; Defendants/appellants: Stella Global UK Limited & Anor
Jurisdiction
England and Wales
Judgment Date
19 July 2012
Procedural Posture
Appeal (civil) / Costs Order Following Appeal Judgment
Outcome
Appeal on costs issue allowed in part; respondent not entitled to recover the ATE premium relating to trial costs as part of appeal costs.
Legal Topics
Recoverability of ATE Insurance Premiums, Interpretation of S.29 Access to Justice Act 1999, Costs on Appeal, Access to Justice Reforms
Civil Procedure Costs Recoverability of ATE Insurance Premiums Interpretation of S.29 Access to Justice Act 1999 Costs on Appeal Access to Justice Reforms

Case Brief

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Parties

Hawksford Trustees Jersey Limited as Trustee of the Bald Eagle Trust

Claimant/respondent

Stella Global UK Limited & Anor

Defendants/appellants

Procedural Posture

Appeal (civil) / Costs Order Following Appeal Judgment

Legal Issues

  1. 1 Whether an ATE insurance premium taken out for the first time at appeal, covering trial costs, is recoverable as part of the costs of the appeal under s.29 Access to Justice Act 1999.

Ratio Decidendi

The majority held that the ATE insurance premium taken out for the first time at the appeal stage, insofar as it covers the risk of incurring a costs liability at trial, is not recoverable as part of the costs of the appeal under s.29 Access to Justice Act 1999. Trial and appeal are separate proceedings for costs purposes, and the statute does not permit retrospective recovery of trial-related premiums incurred only at the appeal stage.

Court Disposition

Appeal on costs issue allowed in part; respondent not entitled to recover the ATE premium relating to trial costs as part of appeal costs.

Orders

  • Appellants to pay respondent's costs of the appeal (excluding the disputed ATE premium for trial costs), subject to detailed assessment.
  • The ATE premium relating to the risk of paying appellants' costs of the appeal is recoverable; the portion relating to trial costs is not.