Simmons & Simmons Llp v Hickox [2013] EWHC 2141 (QB) (05 June 2013)

Simmons & Simmons Llp v Hickox [2013] EWHC 2141 (QB) (05 June 2013)

The defendant's conduct in seeking repeated extensions, serving a hopeless summary judgment application without supporting expert evidence, and failing to serve a defence was out of the norm and unreasonable to a high degree, justifying indemnity costs including expert fees. An interim payment of £40,000 is appropriate. No order for payment into court is made, but an unless order is imposed for service of defence and counterclaim.

Citation
[2013] EWHC 2141
Parties
Claimant/respondent: Simmons & Simmons LLP; Defendant/appellant: Hickox
Jurisdiction
England and Wales
Judgment Date
05 June 2013
Procedural Posture
Civil / Costs and Consequential Orders Following Abandoned Summary Judgment Application
Outcome
Application for summary judgment abandoned; claimant awarded indemnity costs including expert fees; interim payment of £40,000 ordered; unless order for service of defence and counterclaim by 19 June; no order for payment into court; directions for trial to be set.
Legal Topics
Summary Judgment, Indemnity Costs, Expert Evidence, Interim Payment, Pleadings, Case Management
Civil Procedure Costs Summary Judgment Indemnity Costs Expert Evidence Interim Payment Pleadings Case Management

Case Brief

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Parties

Simmons & Simmons LLP

Claimant/respondent

Hickox

Defendant/appellant

Procedural Posture

Civil / Costs and Consequential Orders Following Abandoned Summary Judgment Application

Legal Issues

  1. 1 Whether the defendant should pay the claimant's costs on an indemnity basis following the abandonment of a summary judgment application
  2. 2 Whether expert fees should be included in the costs order
  3. 3 Whether an interim payment on account of costs should be ordered

Ratio Decidendi

The defendant's conduct in seeking repeated extensions, serving a hopeless summary judgment application without supporting expert evidence, and failing to serve a defence was out of the norm and unreasonable to a high degree, justifying indemnity costs including expert fees. An interim payment of £40,000 is appropriate. No order for payment into court is made, but an unless order is imposed for service of defence and counterclaim.

Court Disposition

Application for summary judgment abandoned; claimant awarded indemnity costs including expert fees; interim payment of £40,000 ordered; unless order for service of defence and counterclaim by 19 June; no order for payment into court; directions for trial to be set.

Orders

  • Defendant to pay claimant's costs of the application on an indemnity basis, including expert fees.
  • Defendant to make an interim payment on account of costs in the sum of £40,000.