Corby Group Litigation v Corby District Council (Costs)

Corby Group Litigation v Corby District Council (Costs)

The Claimants substantially succeeded on the Group Litigation issues and are entitled to costs. Indemnity costs are not justified as CBC's conduct was not unreasonable or out of the norm. A 10% reduction in costs is warranted due to the Claimants' scattergun approach and wasted trial time. An interim payment of £1,600,000 is appropriate, subject to undertakings to repay if CBC succeeds on appeal. Interest on costs will run from six months after judgment.

Parties
Claimant: Claimants appearing on the Register of the Corby Group Litigation; Defendant: Corby District Council
Jurisdiction
England and Wales
Judgment Date
11 August 2009
Procedural Posture
Group Litigation (costs Judgment) / Post Trial, Costs Determination
Outcome
Claimants awarded 90% of their costs on a standard basis, to be assessed if not agreed. Interim payment of £1,600,000 ordered, subject to undertakings to repay if required by appeal outcome. Interest on costs to run from six months after judgment.
Legal Topics
Costs, Group Litigation, Indemnity Vs Standard Costs, Interim Payment of Costs, Alternative Dispute Resolution (adr), Conditional Fee Agreements (cfa), After the Event (ate) Insurance
Civil Procedure Environmental Law Tort Law Costs Group Litigation Indemnity Vs Standard Costs Interim Payment of Costs Alternative Dispute Resolution (adr) +2 more

Case Brief

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Parties

Claimants appearing on the Register of the Corby Group Litigation

Claimant

Corby District Council

Defendant

Procedural Posture

Group Litigation (costs Judgment) / Post Trial, Costs Determination

Legal Issues

  1. 1 Should the court make a costs order at this stage?
  2. 2 Should there be an order of costs in favour of the Claimants?
  3. 3 Should the costs be payable on an indemnity or standard basis?

Ratio Decidendi

The Claimants substantially succeeded on the Group Litigation issues and are entitled to costs. Indemnity costs are not justified as CBC's conduct was not unreasonable or out of the norm. A 10% reduction in costs is warranted due to the Claimants' scattergun approach and wasted trial time. An interim payment of £1,600,000 is appropriate, subject to undertakings to repay if CBC succeeds on appeal. Interest on costs will run from six months after judgment.

Court Disposition

Claimants awarded 90% of their costs on a standard basis, to be assessed if not agreed. Interim payment of £1,600,000 ordered, subject to undertakings to repay if required by appeal outcome. Interest on costs to run from six months after judgment.

Orders

  • CBC to pay 90% of Claimants' costs, assessed on a standard basis.
  • CBC to pay interim costs of £1,600,000 within 42 days, subject to undertakings to repay if required.