Barr & Ors v Biffa Waste Services Ltd [No 4]

Barr & Ors v Biffa Waste Services Ltd [No 4]

The defendant was the overwhelmingly successful party, having defeated the claimants' claims both on law and fact, and is entitled to its costs. The claimants' conduct from October 2010 onwards, including refusal of reasonable settlement offers and pursuit of claims known or ought to have been known to be doomed, was unreasonable to a high degree and justifies indemnity costs from that date. No reduction in defendant's costs is warranted for conduct or issue-based arguments. An interim payment of £1.9 million is appropriate as it is likely to be recovered on assessment.

Parties
Claimants: Derrick Barr and Others; Defendant: Biffa Waste Services Limited
Jurisdiction
England and Wales
Judgment Date
19 April 2011
Procedural Posture
Civil / Post Trial Judgment on Costs and Related Applications
Outcome
Claimants' application for extension of time to appeal refused; defendant awarded costs.
Legal Topics
Costs, Nuisance, Indemnity Costs, Interim Payment, Appeal Procedure
Civil Procedure Environmental Law Tort Costs Nuisance Indemnity Costs Interim Payment Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Derrick Barr and Others

Claimants

Biffa Waste Services Limited

Defendant

Procedural Posture

Civil / Post Trial Judgment on Costs and Related Applications

Legal Issues

  1. 1 Whether claimants should be granted extension of time to appeal
  2. 2 Which party is entitled to costs and on what basis
  3. 3 Whether indemnity costs are justified from a certain date

Ratio Decidendi

The defendant was the overwhelmingly successful party, having defeated the claimants' claims both on law and fact, and is entitled to its costs. The claimants' conduct from October 2010 onwards, including refusal of reasonable settlement offers and pursuit of claims known or ought to have been known to be doomed, was unreasonable to a high degree and justifies indemnity costs from that date. No reduction in defendant's costs is warranted for conduct or issue-based arguments. An interim payment of £1.9 million is appropriate as it is likely to be recovered on assessment.

Court Disposition

Claimants' application for extension of time to appeal refused; defendant awarded costs.

Orders

  • Claimants to pay 100% of defendant's costs on standard basis, except from 1st October 2010, when costs to be assessed on indemnity basis.
  • Claimants to make interim payment of £1.9 million to defendant within 28 days (by 17th May 2011).