Healy-Upright v Bradley & Anor

Healy-Upright v Bradley & Anor

The defendants' conduct did not rise to the level of abnormal unreasonableness or condemnation required for indemnity costs; pursuing a weak case or changing position before trial does not justify departure from the standard basis.

Parties
Claimant: Healy-Upright; Defendants: Bradley & Another
Jurisdiction
England and Wales
Judgment Date
02 November 2007
Procedural Posture
Civil / Costs Assessment After Preliminary Issue
Outcome
Defendants to pay claimant's costs of the preliminary issue on the standard basis.
Legal Topics
Dissolution of Partnership, Costs, Enforceability of Oral Agreements, Property Disposition
Partnership Law Civil Procedure Dissolution of Partnership Costs Enforceability of Oral Agreements Property Disposition

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Parties

Healy-Upright

Claimant

Bradley & Another

Defendants

Procedural Posture

Civil / Costs Assessment After Preliminary Issue

Legal Issues

  1. 1 whether the defendants should pay costs on the standard or indemnity basis
  2. 2 the amount of payment on account of costs

Ratio Decidendi

The defendants' conduct did not rise to the level of abnormal unreasonableness or condemnation required for indemnity costs; pursuing a weak case or changing position before trial does not justify departure from the standard basis.

Court Disposition

Defendants to pay claimant's costs of the preliminary issue on the standard basis.

Orders

  • Defendants to pay claimant's costs of the preliminary issue on the standard basis.
  • Interim payment on account of costs to be ordered, amount to be determined after further submissions.