Hope Capital Limited & Anor v Alexander Reece Thomson LLP

Hope Capital Limited & Anor v Alexander Reece Thomson LLP

The Defendant, as the successful party, is entitled to its costs on a standard basis without any proportionate deduction, as the Claimants' partial success on breach did not materially affect the substance or cost of the litigation. The Claimants' conduct in pursuing the claim, including the lost profits element and refusal of settlement offers, was not unreasonable or out of the norm to justify indemnity costs. Costs for specific applications were determined according to the circumstances of each application. Permission to appeal was refused as none of the grounds were reasonably arguable.

Parties
Claimant: Hope Capital Limited; Claimant: Hope Capital 2 Limited; Defendant: Alexander Reece Thomson LLP
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil / Post Trial Costs Judgment and Application for Permission to Appeal
Outcome
Claimants to pay Defendant's costs on a standard basis; permission to appeal refused.
Legal Topics
Costs, Indemnity Costs, Standard Basis Costs, Permission to Appeal, Valuer's Negligence, Contributory Negligence
Civil Procedure Professional Negligence Costs Indemnity Costs Standard Basis Costs Permission to Appeal Valuer's Negligence Contributory Negligence

Case Brief

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Parties

Hope Capital Limited

Claimant

Hope Capital 2 Limited

Claimant

Alexander Reece Thomson LLP

Defendant

Procedural Posture

Civil / Post Trial Costs Judgment and Application for Permission to Appeal

Legal Issues

  1. 1 Whether there should be a proportionate deduction from the recoverable costs incurred by the Defendant up to the expiry of the First Offer
  2. 2 Whether costs should be assessed on a standard or indemnity basis
  3. 3 Appropriate orders for specific interlocutory applications

Ratio Decidendi

The Defendant, as the successful party, is entitled to its costs on a standard basis without any proportionate deduction, as the Claimants' partial success on breach did not materially affect the substance or cost of the litigation. The Claimants' conduct in pursuing the claim, including the lost profits element and refusal of settlement offers, was not unreasonable or out of the norm to justify indemnity costs. Costs for specific applications were determined according to the circumstances of each application. Permission to appeal was refused as none of the grounds were reasonably arguable.

Court Disposition

Claimants to pay Defendant's costs on a standard basis; permission to appeal refused.

Orders

  • Claimants to pay Defendant's costs, assessed on a standard basis, if not agreed.
  • Interim payment of £377,430.95 to Defendant (70% of incurred costs plus 90% of approved costs).