Roche v Newbury Homes Ltd [2009] EW Misc 3 (EWCC) (10 February 2009)

Roche v Newbury Homes Ltd [2009] EW Misc 3 (EWCC) (10 February 2009)

The CFA covers only substantive claims and not pre-action matters; therefore, the claimant is not entitled to costs for the pre-action disclosure application. The defendant is entitled to costs, but the amount claimed was excessive for the work done, particularly for unnecessary preparation of a skeleton argument.

Citation
[2009] EW Misc 3 (EWCC)
Parties
Claimant: Claimant; Defendant: Defendant
Jurisdiction
England and Wales
Judgment Date
10 February 2009
Procedural Posture
Application for Pre Action Disclosure / Costs Determination After Partial Agreement on Draft Order
Outcome
Claimant's application for costs dismissed; defendant awarded costs assessed at £460 VAT inclusive.
Legal Topics
Pre Action Disclosure, Conditional Fee Agreements (cfa), Costs Assessment
Civil Procedure Pre Action Disclosure Conditional Fee Agreements (cfa) Costs Assessment

Case Brief

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Parties

Claimant

Claimant

Defendant

Defendant

Procedural Posture

Application for Pre Action Disclosure / Costs Determination After Partial Agreement on Draft Order

Legal Issues

  1. 1 Whether the claimant is entitled to costs of the pre-action disclosure application under the CFA
  2. 2 Whether the defendant is entitled to costs and the quantum thereof

Ratio Decidendi

The CFA covers only substantive claims and not pre-action matters; therefore, the claimant is not entitled to costs for the pre-action disclosure application. The defendant is entitled to costs, but the amount claimed was excessive for the work done, particularly for unnecessary preparation of a skeleton argument.

Court Disposition

Claimant's application for costs dismissed; defendant awarded costs assessed at £460 VAT inclusive.

Orders

  • Claimant to pay defendant's costs summarily assessed at £460 (VAT inclusive) within 14 days.