Harrington Scott Limited v Coupe Bradbury Solicitors Limited

Harrington Scott Limited v Coupe Bradbury Solicitors Limited

The claim is dismissed and particulars of claim struck out. Defendant is the successful party and entitled to costs on the indemnity basis due to claimant's dishonest and unreasonable conduct, save that only two-thirds of the costs of the summary judgment/strike out application up to 5 September 2022 are recoverable, excluding costs thrown away by the December 2021 adjournment. Permission to appeal is refused as there is no real prospect of success.

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 Orders and Costs
Outcome
Claim dismissed; particulars of claim struck out; costs awarded to defendant on indemnity basis with reductions as specified; 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

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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 Orders and Costs

Legal Issues

  1. 1 Whether the particulars of claim should be struck out and the claim dismissed
  2. 2 Basis for assessment of costs (indemnity or standard)
  3. 3 Extent of costs recoverable by the successful party

Ratio Decidendi

The claim is dismissed and particulars of claim struck out. Defendant is the successful party and entitled to costs on the indemnity basis due to claimant's dishonest and unreasonable conduct, save that only two-thirds of the costs of the summary judgment/strike out application up to 5 September 2022 are recoverable, excluding costs thrown away by the December 2021 adjournment. Permission to appeal is refused as there is no real prospect of success.

Court Disposition

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

Orders

  • Claim dismissed and particulars of claim struck out.
  • Claimant to pay defendant's costs of the claim on the indemnity basis, save that only two-thirds of the costs of the summary judgment/strike out application up to 5 September 2022 are recoverable.