Ted Baker Plc & Ors v AXA Insurance UK Plc & Ors

Ted Baker Plc & Ors v AXA Insurance UK Plc & Ors

Costs of preliminary issues are reserved for final determination until after the case has been decided or further order, due to the possibility of relevant settlement offers affecting the court's discretion; defendants are entitled to co-insurance costs on an indemnity basis, and claimants must pay 60% of hearing costs, all subject to detailed assessment and any settlement offers.

Parties
Claimant: Ted Baker PLC; Claimant: No Ordinary Designer Label Limited; Defendant: AXA Insurance UK PLC; Defendant: Fusion Insurance Services Limited; Defendant: Tokio Marine Europe Insurance Limited
Jurisdiction
England and Wales
Judgment Date
29 June 2012
Procedural Posture
Commercial Court Costs Ruling / Post Preliminary Issues, Costs Determination
Outcome
Costs reserved for final determination; specific declarations on co-insurance and hearing costs
Legal Topics
Costs, Split Trials, CPR Part 36 Offers, Co Insurance
Civil Procedure Insurance Law Costs Split Trials CPR Part 36 Offers Co Insurance

Case Brief

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Parties

Ted Baker PLC

Claimant

No Ordinary Designer Label Limited

Claimant

AXA Insurance UK PLC

Defendant

Fusion Insurance Services Limited

Defendant

Tokio Marine Europe Insurance Limited

Defendant

Procedural Posture

Commercial Court Costs Ruling / Post Preliminary Issues, Costs Determination

Legal Issues

  1. 1 Whether costs of preliminary issues should be ordered now or reserved
  2. 2 Effect of CPR Part 36 offers on costs determination
  3. 3 Entitlement to co-insurance costs on indemnity basis

Ratio Decidendi

Costs of preliminary issues are reserved for final determination until after the case has been decided or further order, due to the possibility of relevant settlement offers affecting the court's discretion; defendants are entitled to co-insurance costs on an indemnity basis, and claimants must pay 60% of hearing costs, all subject to detailed assessment and any settlement offers.

Court Disposition

Costs reserved for final determination; specific declarations on co-insurance and hearing costs

Orders

  • Defendants to pay claimants costs of preliminary issues to be assessed in detail if not agreed, less £20,000 for disclosure, subject to settlement offers
  • Claimants to pay defendants co-insurance costs on indemnity basis to be assessed in detail if not agreed, subject to settlement offers