Richmond Pharmacology Ltd v Chester Overseas Ltd & Ors

Richmond Pharmacology Ltd v Chester Overseas Ltd & Ors

After disclosure and inspection, the claimant's continued pursuit of a broadly pleaded and grossly exaggerated claim, including serving an expert report attributing all losses to the defendants' alleged breaches, was unreasonable to a high degree and sufficiently out of the norm to justify assessment of the defendants' costs on the indemnity basis from 1 December 2013 onward.

Parties
Claimant: Richmond Pharmacology Limited; Defendant: Chester Overseas Limited; Defendant: Milton Levine; Defendant: Larry Levine
Jurisdiction
England and Wales
Judgment Date
10 November 2014
Procedural Posture
Civil / Post Trial Costs Determination
Outcome
Defendants' application for indemnity costs granted in part.
Legal Topics
Assessment of Costs, Indemnity Costs, Standard Basis Costs, Unreasonable Conduct in Litigation
Civil Procedure Costs Assessment of Costs Indemnity Costs Standard Basis Costs Unreasonable Conduct in Litigation

Case Brief

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Parties

Richmond Pharmacology Limited

Claimant

Chester Overseas Limited

Defendant

Milton Levine

Defendant

Larry Levine

Defendant

Procedural Posture

Civil / Post Trial Costs Determination

Legal Issues

  1. 1 Whether the defendants' costs should be assessed on the indemnity basis due to the claimant's conduct
  2. 2 Whether the claimant's pursuit of the claim was unreasonable to a high degree

Ratio Decidendi

After disclosure and inspection, the claimant's continued pursuit of a broadly pleaded and grossly exaggerated claim, including serving an expert report attributing all losses to the defendants' alleged breaches, was unreasonable to a high degree and sufficiently out of the norm to justify assessment of the defendants' costs on the indemnity basis from 1 December 2013 onward.

Court Disposition

Defendants' application for indemnity costs granted in part.

Orders

  • Defendants' costs to be assessed on the standard basis up to 30 November 2013.
  • Defendants' costs from 1 December 2013 to be assessed on the indemnity basis.