Redstone Mortgages v B Legal

Redstone Mortgages v B Legal

Costs should be apportioned to do broad justice between parties, with one quarter of generic costs attributed to each action. Redstone to pay B Legal's costs in Welch and Sher, assessed on standard basis. Redstone's costs in Howard and McOwen to be treated as claimant's costs, with liberty to apply to vary if B Legal relies on a prior offer. No indemnity basis warranted. No special order for generic costs liability; costs in Howard and McOwen to be treated as claimant's costs in case, not reserved or capped.

Parties
Claimant: Redstone Mortgages; Defendant: B Legal
Jurisdiction
England and Wales
Judgment Date
19 March 2015
Procedural Posture
Civil / Costs Ruling After Determination of Preliminary Issues
Outcome
Costs apportioned as specified; Redstone to pay B Legal's costs in Welch and Sher; Redstone's costs in Howard and McOwen treated as claimant's costs; no indemnity basis; liberty to apply to vary in Howard and McOwen.
Legal Topics
Costs, Preliminary Issues, Solicitor's Duties, Assessment of Costs
Civil Procedure Professional Negligence Costs Preliminary Issues Solicitor's Duties Assessment of Costs

Case Brief

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Parties

Redstone Mortgages

Claimant

B Legal

Defendant

Procedural Posture

Civil / Costs Ruling After Determination of Preliminary Issues

Legal Issues

  1. 1 What are the terms and scope of the duties owed by B Legal to Redstone on each of the four transactions?
  2. 2 Did B Legal discharge such duties in each case?
  3. 3 How should costs be apportioned between generic and specific issues across the four actions?

Ratio Decidendi

Costs should be apportioned to do broad justice between parties, with one quarter of generic costs attributed to each action. Redstone to pay B Legal's costs in Welch and Sher, assessed on standard basis. Redstone's costs in Howard and McOwen to be treated as claimant's costs, with liberty to apply to vary if B Legal relies on a prior offer. No indemnity basis warranted. No special order for generic costs liability; costs in Howard and McOwen to be treated as claimant's costs in case, not reserved or capped.

Court Disposition

Costs apportioned as specified; Redstone to pay B Legal's costs in Welch and Sher; Redstone's costs in Howard and McOwen treated as claimant's costs; no indemnity basis; liberty to apply to vary in Howard and McOwen.

Orders

  • Redstone to pay B Legal's costs of the action in Welch, assessed on standard basis; one quarter of generic costs attributable to Welch.
  • Redstone to pay B Legal's costs of the action in Sher, assessed on standard basis; one quarter of generic costs attributable to Sher.