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, making a hopeless summary judgment application without adequate expert support, and failing to serve a defence was unreasonable and out of the norm, 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 (QB)
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; costs awarded to claimant on indemnity basis 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 made.
Legal Topics
Summary Judgment, Indemnity Costs, Contingency Fee Agreements, Expert Evidence, Service Outside Jurisdiction
Civil Procedure Contract Law Summary Judgment Indemnity Costs Contingency Fee Agreements Expert Evidence Service Outside Jurisdiction

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's conduct justified indemnity costs
  2. 2 Whether expert fees should be included in costs
  3. 3 Whether an interim payment on account of costs should be ordered

Ratio Decidendi

The defendant's conduct in seeking repeated extensions, making a hopeless summary judgment application without adequate expert support, and failing to serve a defence was unreasonable and out of the norm, 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; costs awarded to claimant on indemnity basis 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 made.

Orders

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