Whaleys (Bradford) Led v Bennett& Anor [2017] EWCA Civ 2143 (15 December 2017)

Whaleys (Bradford) Led v Bennett& Anor [2017] EWCA Civ 2143 (15 December 2017)

The defendants' deliberate avoidance of payment, disobedience of court orders, evasion of service, and uncooperative conduct rendered their behaviour unreasonable and outside the norm, justifying assessment of costs on the indemnity basis.

Citation
[2017] EWCA Civ 2143
Parties
Appellant (claimant): Whaleys (Bradford) Limited; Respondent (defendant): Garry Bennett; Respondent (defendant): Jonathan Cubitt
Jurisdiction
England and Wales
Judgment Date
15 December 2017
Procedural Posture
Civil Appeal / Appeal From County Court Costs Order
Outcome
appeal allowed
Legal Topics
Assessment of Costs, Indemnity Costs, Fixed Costs Regime, Conduct of Parties
Civil Procedure Costs Assessment of Costs Indemnity Costs Fixed Costs Regime Conduct of Parties

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Parties

Whaleys (Bradford) Limited

Appellant (claimant)

Garry Bennett

Respondent (defendant)

Jonathan Cubitt

Respondent (defendant)

Procedural Posture

Civil Appeal / Appeal From County Court Costs Order

Legal Issues

  1. 1 Whether costs should be assessed on the indemnity basis rather than the standard basis
  2. 2 Whether the conduct of the defendants takes the case 'out of the norm' justifying indemnity costs

Ratio Decidendi

The defendants' deliberate avoidance of payment, disobedience of court orders, evasion of service, and uncooperative conduct rendered their behaviour unreasonable and outside the norm, justifying assessment of costs on the indemnity basis.

Court Disposition

appeal allowed

Orders

  • Costs to be assessed on the indemnity basis
  • Assessment remitted to the County Court