Parkin & Ors v Alba Proteins Ltd & Ors

Parkin & Ors v Alba Proteins Ltd & Ors

Claimants succeeded overall but the estoppel issue, though interconnected, added significantly to costs and was raised late; therefore, claimants should recover 90% of their costs except for the estoppel application, with all defendants jointly and severally liable.

Parties
Claimant: Michael Vincent Parkin and others named on the Group Register; Defendant: Alba Proteins Limited; Defendant: Alba Proteins Penrith Limited; Defendant: Omega Proteins Limited
Jurisdiction
England and Wales
Judgment Date
13 September 2013
Procedural Posture
Group Litigation / Costs Ruling After Judgment
Outcome
Defendants ordered to pay 90% of claimants' costs (excluding estoppel application costs), costs of amendment, and £23,000 on account of costs; all defendants jointly and severally liable.
Legal Topics
Costs, Nuisance, Limitation, Estoppel
Civil Procedure Tort Costs Nuisance Limitation Estoppel

Case Brief

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Parties

Michael Vincent Parkin and others named on the Group Register

Claimant

Alba Proteins Limited

Defendant

Alba Proteins Penrith Limited

Defendant

Omega Proteins Limited

Defendant

Procedural Posture

Group Litigation / Costs Ruling After Judgment

Legal Issues

  1. 1 Whether claimants should recover all or part of their costs after partial success
  2. 2 Whether estoppel argument justified costs recovery
  3. 3 Whether defendants should be jointly and severally liable for costs

Ratio Decidendi

Claimants succeeded overall but the estoppel issue, though interconnected, added significantly to costs and was raised late; therefore, claimants should recover 90% of their costs except for the estoppel application, with all defendants jointly and severally liable.

Court Disposition

Defendants ordered to pay 90% of claimants' costs (excluding estoppel application costs), costs of amendment, and £23,000 on account of costs; all defendants jointly and severally liable.

Orders

  • Defendants to pay 90% of claimants’ costs of applications dated 19th December 2012 and 25th June 2013, excluding costs of estoppel application.
  • Costs to be assessed on standard basis if not agreed.