Deutsche Bank Ag v Sebastian Holdings Inc [2020] EWHC B24 (Costs) (05 June 2020)

Deutsche Bank Ag v Sebastian Holdings Inc [2020] EWHC B24 (Costs) (05 June 2020)

Deloitte LLP's fees for the work detailed in the Summary dated 13 December 2019 are in principle recoverable as costs of the action, subject to assessment of reasonableness and exclusion of overhead-type charges. The work was expert or incidental to expert work, necessitated by the litigation and Defendant's conduct, and could not reasonably have been done in-house. Counsel's fees are recoverable in principle as agreed, including for non-sitting days and separate work, provided they are reasonable and within the contractual terms.

Citation
[2020] EWHC B24 (Costs)
Parties
Claimant: Deutsche Bank AG; Defendant/part 20 Claimant: Sebastian Holdings Inc; Defendant for Costs Purposes Only: Mr Alexander Vik
Jurisdiction
England and Wales
Judgment Date
05 June 2020
Procedural Posture
Costs Assessment Following Trial Judgment / Preliminary Issue Determination and Assessment of Recoverability of Expert and Counsel Fees
Outcome
Preliminary issue determined in favour of the Claimant; Deloitte's fees recoverable in principle; counsel's fees recoverable in principle as per agreements.
Legal Topics
Recoverability of Expert Fees, Assessment of Counsel's Fees, Indemnity Basis Costs, Detailed Assessment Procedure, Principles of Costs Recovery
Civil Procedure Costs Law Commercial Litigation Recoverability of Expert Fees Assessment of Counsel's Fees Indemnity Basis Costs Detailed Assessment Procedure Principles of Costs Recovery

Case Brief

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Parties

Deutsche Bank AG

Claimant

Sebastian Holdings Inc

Defendant/part 20 Claimant

Mr Alexander Vik

Defendant for Costs Purposes Only

Procedural Posture

Costs Assessment Following Trial Judgment / Preliminary Issue Determination and Assessment of Recoverability of Expert and Counsel Fees

Legal Issues

  1. 1 Whether Deloitte LLP's fees are recoverable as costs of the action in principle
  2. 2 Whether the Claimant has provided sufficient evidence of Deloitte's fees for assessment
  3. 3 Principles for assessment of counsel's brief and refresher fees

Ratio Decidendi

Deloitte LLP's fees for the work detailed in the Summary dated 13 December 2019 are in principle recoverable as costs of the action, subject to assessment of reasonableness and exclusion of overhead-type charges. The work was expert or incidental to expert work, necessitated by the litigation and Defendant's conduct, and could not reasonably have been done in-house. Counsel's fees are recoverable in principle as agreed, including for non-sitting days and separate work, provided they are reasonable and within the contractual terms.

Court Disposition

Preliminary issue determined in favour of the Claimant; Deloitte's fees recoverable in principle; counsel's fees recoverable in principle as per agreements.

Orders

  • Deloitte LLP's fees for the specified work are recoverable in principle, subject to assessment of reasonableness and exclusion of overheads.
  • Counsel's fees for trial are recoverable in principle as per the contractual agreements, subject to assessment of reasonableness.