Benjamin Gilbert & Anor Broadoak Private Finance Ltd (Costs)

Benjamin Gilbert & Anor Broadoak Private Finance Ltd (Costs)

The Claimants were the successful party on the Directions Application as their application was necessary to compel the Defendant to serve a draft Defence in advance of the set aside hearing, and the relief obtained was substantially similar to that sought. The costs claimed by the Claimants were excessive and...

Source-derived case information.

Parties
Claimant: Benjamin Gilbert; Claimant: BG Projects Ltd; Defendant: Broadoak Private Finance Ltd
Jurisdiction
England and Wales
Judgment Date
08 January 2024
Procedural Posture
Commercial / Costs Judgment Following Directions Application
Outcome
Claimants awarded costs of the Directions Application
Legal Topics
Costs, Case Management, Directions Application
Civil Procedure Costs Case Management Directions Application

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Benjamin Gilbert

Claimant

BG Projects Ltd

Claimant

Broadoak Private Finance Ltd

Defendant

Procedural Posture

Commercial / Costs Judgment Following Directions Application

Legal Issues

  1. 1 Which party was the successful party on the Directions Application for the purposes of costs
  2. 2 Whether the costs claimed were reasonable and proportionate

Ratio Decidendi

The Claimants were the successful party on the Directions Application as their application was necessary to compel the Defendant to serve a draft Defence in advance of the set aside hearing, and the relief obtained was substantially similar to that sought. The costs claimed by the Claimants were excessive and reduced to £21,000 inclusive of VAT, to be paid by the Defendant.

Court Disposition

Claimants awarded costs of the Directions Application

Orders

  • Defendant to pay the Claimants £21,000 inclusive of VAT by 22 August 2024 as costs of and occasioned by the Directions Application