Simmons & Simmons Llp v Hickox

Simmons & Simmons Llp v Hickox

Defendant's conduct was unreasonable and out of the norm, justifying 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 of ordinary fees claim into court.

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; interim payment ordered; unless order for defence and counterclaim; no order for payment into court.
Legal Topics
Summary Judgment, Indemnity Costs, Expert Evidence, Interim Payment, Unless Order
Civil Procedure Costs Summary Judgment Indemnity Costs Expert Evidence Interim Payment Unless Order

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 costs should be assessed on an indemnity or standard basis
  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

Defendant's conduct was unreasonable and out of the norm, justifying 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 of ordinary fees claim into court.

Court Disposition

Application for summary judgment abandoned; costs awarded to claimant on indemnity basis; interim payment ordered; unless order for defence and counterclaim; no order for payment into court.

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.