MacInnes v Gross

MacInnes v Gross

Costs are to be assessed on the standard basis as the claimant's conduct was not unreasonable to a high degree and the case was not out of the norm; pre-judgment interest at 4% above base is ordered; post-judgment interest at 8% is deferred for three months; no compensation for currency fluctuations is allowed; interim payment on account of costs is set at £528,000.

Parties
Claimant: Bruce MacInnes; First Defendant: Hans Thomas Gross
Jurisdiction
England and Wales
Judgment Date
03 February 2017
Procedural Posture
Commercial Dispute / Post Judgment Costs and Consequential Matters
Outcome
Costs awarded to first defendant on standard basis; interim payment ordered.
Legal Topics
Assessment of Costs, Indemnity Vs Standard Basis, Interest on Costs, Currency Fluctuations, Interim Payment
Civil Procedure Costs Assessment of Costs Indemnity Vs Standard Basis Interest on Costs Currency Fluctuations Interim Payment

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Parties

Bruce MacInnes

Claimant

Hans Thomas Gross

First Defendant

Procedural Posture

Commercial Dispute / Post Judgment Costs and Consequential Matters

Legal Issues

  1. 1 Whether costs should be assessed on indemnity or standard basis
  2. 2 Appropriate rate and timing for interest on costs
  3. 3 Entitlement to compensation for currency fluctuations

Ratio Decidendi

Costs are to be assessed on the standard basis as the claimant's conduct was not unreasonable to a high degree and the case was not out of the norm; pre-judgment interest at 4% above base is ordered; post-judgment interest at 8% is deferred for three months; no compensation for currency fluctuations is allowed; interim payment on account of costs is set at £528,000.

Court Disposition

Costs awarded to first defendant on standard basis; interim payment ordered.

Orders

  • Costs to be assessed on standard basis.
  • Pre-judgment interest on costs at 4% above base rate.