Hurndell v Hozier & Ors

Hurndell v Hozier & Ors

The Defendants' calculations justified a payment on account of £500,000, and interest on pre-order costs was appropriate at 1.5% over base rate, as the sum was not trivial and criticisms of conduct had already been addressed in the costs order.

Parties
Claimant: William Hurndell; Defendant: Barrie Hozier; Defendant: David Hozier
Jurisdiction
England and Wales
Judgment Date
18 February 2011
Procedural Posture
Civil / Post Judgment Written Submissions on Costs and Interest
Outcome
Defendants' applications granted
Legal Topics
Costs, Interest on Costs, Assessment of Costs
Civil Procedure Costs Interest on Costs Assessment of Costs

Case Brief

Summary, issues, holding and outcome

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Parties

William Hurndell

Claimant

Barrie Hozier

Defendant

David Hozier

Defendant

Procedural Posture

Civil / Post Judgment Written Submissions on Costs and Interest

Legal Issues

  1. 1 Whether to order payment on account of costs and the appropriate amount
  2. 2 Whether to award interest on costs incurred before the costs order and at what rate

Ratio Decidendi

The Defendants' calculations justified a payment on account of £500,000, and interest on pre-order costs was appropriate at 1.5% over base rate, as the sum was not trivial and criticisms of conduct had already been addressed in the costs order.

Court Disposition

Defendants' applications granted

Orders

  • Claimant to pay £500,000 on account of Defendants' costs.
  • Interest to be paid on all assessed or agreed costs paid on or before 19 March 2008 at 1.5% over base rate from 19 March 2008 until 21 January 2011.