Harrington Scott Ltd v Coupe Bradbury Solicitors Ltd [2023] EWHC 294 (Ch) (12 January 2023)

Harrington Scott Ltd v Coupe Bradbury Solicitors Ltd [2023] EWHC 294 (Ch) (12 January 2023)

Given the claimant's dishonest and unreasonable conduct, the case was 'out of the norm' and justified indemnity costs. However, as the defendant was unsuccessful on certain discrete issues, a one-third reduction in the costs of the application was warranted. Costs thrown away by the adjournment should be borne by both parties, not included in the defendant's recoverable costs. Permission to appeal refused as there was no real prospect of success on the identified grounds.

Citation
[2023] EWHC 294 (Ch)
Parties
Claimant/respondent: Harrington Scott Limited; Defendant/applicant: Coupe Bradbury Solicitors Limited
Jurisdiction
England and Wales
Judgment Date
12 January 2023
Procedural Posture
Civil Professional Negligence / Post Summary Judgment; Consequential Matters and Costs
Outcome
Claim dismissed; particulars of claim struck out; costs awarded to defendant on indemnity basis with specified reductions; permission to appeal refused.
Legal Topics
Summary Judgment, Strike Out, Indemnity Costs, Costs Assessment, Permission to Appeal
Civil Procedure Professional Negligence Costs Summary Judgment Strike Out Indemnity Costs Costs Assessment Permission to Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Harrington Scott Limited

Claimant/respondent

Coupe Bradbury Solicitors Limited

Defendant/applicant

Procedural Posture

Civil Professional Negligence / Post Summary Judgment; Consequential Matters and Costs

Legal Issues

  1. 1 Whether costs should be awarded on the indemnity or standard basis
  2. 2 Extent of costs recoverable by the successful party
  3. 3 Appropriate discount for issues lost by the successful party

Ratio Decidendi

Given the claimant's dishonest and unreasonable conduct, the case was 'out of the norm' and justified indemnity costs. However, as the defendant was unsuccessful on certain discrete issues, a one-third reduction in the costs of the application was warranted. Costs thrown away by the adjournment should be borne by both parties, not included in the defendant's recoverable costs. Permission to appeal refused as there was no real prospect of success on the identified grounds.

Court Disposition

Claim dismissed; particulars of claim struck out; costs awarded to defendant on indemnity basis with specified reductions; permission to appeal refused.

Orders

  • Claimant to pay defendant's costs of the claim on the indemnity basis, except only two-thirds of the costs of the defendant's summary judgment and strike out application up to 5 September 2022.
  • Costs thrown away by adjournment of December 2021 hearing excluded from recoverable costs.