Corby Group Litigation v Corby District Council (Costs) [2009] EWHC 2109 (TCC) (11 August 2009)

Corby Group Litigation v Corby District Council (Costs) [2009] EWHC 2109 (TCC) (11 August 2009)

The Claimants are entitled to 90% of their costs on a standard basis, not indemnity, due to their substantial success in the group litigation, but with a 10% reduction for their scattergun approach and trial inefficiencies. CBC did not act unreasonably in defending the case or refusing ADR. An interim payment on...

Source-derived case information.

Citation
[2009] EWHC 2109 (TCC)
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; interim payment of £1,600,000 ordered, subject to undertakings to repay if required by appeal.
Legal Topics
Costs Orders, Group Litigation, Conditional Fee Agreements, After the Event Insurance, Standard Vs Indemnity Costs, Alternative Dispute Resolution, Costs Assessment
Civil Procedure Environmental Law Tort Costs Orders Group Litigation Conditional Fee Agreements After the Event Insurance Standard Vs Indemnity Costs +2 more

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Summary, issues, holding and outcome

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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 Whether a costs order should be made at this stage
  2. 2 Whether costs should be awarded in favour of the Claimants
  3. 3 Whether costs should be on an indemnity or standard basis

Ratio Decidendi

The Claimants are entitled to 90% of their costs on a standard basis, not indemnity, due to their substantial success in the group litigation, but with a 10% reduction for their scattergun approach and trial inefficiencies. CBC did not act unreasonably in defending the case or refusing ADR. An interim payment on account of costs is appropriate, calculated at £1,600,000, subject to undertakings to repay if required by appeal outcomes.

Court Disposition

Claimants awarded 90% of their costs on a standard basis; interim payment of £1,600,000 ordered, subject to undertakings to repay if required by appeal.

Orders

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