Danepoint Ltd v AUA

Danepoint Ltd v AUA

The claimant's conduct, both in making and maintaining a fraudulent claim for loss of rent and in their unreasonable and deficient conduct during litigation, was out of the ordinary and justified an order for indemnity costs in favour of the defendant.

Parties
Claimant: DANEPOINT LTD; Defendant: AUA
Jurisdiction
England and Wales
Judgment Date
28 November 2005
Procedural Posture
Civil / Costs Judgment After Trial
Outcome
Claimant ordered to pay defendant's costs on an indemnity basis
Legal Topics
Costs, Indemnity Costs, Fraud in Civil Claims
Civil Procedure Costs Indemnity Costs Fraud in Civil Claims

Case Brief

Summary, issues, holding and outcome

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Parties

DANEPOINT LTD

Claimant

AUA

Defendant

Procedural Posture

Civil / Costs Judgment After Trial

Legal Issues

  1. 1 Whether the defendant is entitled to costs on an indemnity basis
  2. 2 Whether the claimant's conduct justified indemnity costs
  3. 3 Whether conduct prior to and during litigation is relevant to costs assessment

Ratio Decidendi

The claimant's conduct, both in making and maintaining a fraudulent claim for loss of rent and in their unreasonable and deficient conduct during litigation, was out of the ordinary and justified an order for indemnity costs in favour of the defendant.

Court Disposition

Claimant ordered to pay defendant's costs on an indemnity basis

Orders

  • Craven Hill (claimant) to pay AUA's (defendant's) costs, to be assessed and paid on an indemnity basis