Lokhova v Longmuir

Lokhova v Longmuir

The claimant’s conduct in refusing and then belatedly accepting the Part 36 offer, pressing on with weak amendment applications, failing to pay costs, and not engaging with costs resolution was highly unreasonable and outside the norm, justifying indemnity costs for the defendant’s post-expiry costs and costs of the Set-Off Application. The claimant is ordered to pay these costs on the indemnity basis, and an interim payment is appropriate given the likely balance in favour of the defendant.

Parties
Claimant: Svetlana Lokhova; Defendant: David Longmuir
Jurisdiction
England and Wales
Judgment Date
07 December 2017
Procedural Posture
Civil / Post Acceptance Costs Determination Following Late Acceptance of Part 36 Offer
Outcome
Defendant’s application granted in substantial part; claimant to pay defendant’s post-expiry costs and Set-Off Application costs on indemnity basis; interim payment to be determined.
Legal Topics
Part 36 Offers, Indemnity Costs, Set Off, Late Acceptance, Assessment of Costs
Defamation Civil Procedure Costs Part 36 Offers Indemnity Costs Set Off Late Acceptance Assessment of Costs

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Parties

Svetlana Lokhova

Claimant

David Longmuir

Defendant

Procedural Posture

Civil / Post Acceptance Costs Determination Following Late Acceptance of Part 36 Offer

Legal Issues

  1. 1 Whether defendant's post-expiry costs should be assessed on the indemnity basis
  2. 2 Whether claimant should pay costs of Set-Off Application on indemnity basis
  3. 3 Whether claimant should pay balance of defendant’s post-acceptance costs

Ratio Decidendi

The claimant’s conduct in refusing and then belatedly accepting the Part 36 offer, pressing on with weak amendment applications, failing to pay costs, and not engaging with costs resolution was highly unreasonable and outside the norm, justifying indemnity costs for the defendant’s post-expiry costs and costs of the Set-Off Application. The claimant is ordered to pay these costs on the indemnity basis, and an interim payment is appropriate given the likely balance in favour of the defendant.

Court Disposition

Defendant’s application granted in substantial part; claimant to pay defendant’s post-expiry costs and Set-Off Application costs on indemnity basis; interim payment to be determined.

Orders

  • Claimant to pay defendant’s Part 36 costs (post-expiry) on indemnity basis, except those already ordered on standard basis.
  • Claimant to pay defendant’s costs of Set-Off Application on indemnity basis.