Tribe v Elborne Mitchell LLP (Costs) [2021] EWHC 1252 (Ch) (18 May 2021)

Tribe v Elborne Mitchell LLP (Costs) [2021] EWHC 1252 (Ch) (18 May 2021)

The Claimant was the successful party in a contested application regarding the formulation of the issue to be tried in the Account Claim, and the Defendant's repeated unsuccessful challenges justified an order for indemnity costs. The Claimant's late service of the statement of costs caused no prejudice to the Defendant, so costs were assessed in the normal way. There was no basis to revisit the earlier case management decision on disclosure.

Citation
[2021] EWHC 1252 (Ch)
Parties
Claimant: Peter John Tribe; Defendant: Elborne Mitchell LLP
Jurisdiction
England and Wales
Judgment Date
18 May 2021
Procedural Posture
Costs Determination Following Directions Hearings in Civil Proceedings / Post Directions Hearing, Costs Assessment
Outcome
Defendant ordered to pay Claimant's costs on the indemnity basis; application to revisit March Judgment refused.
Legal Topics
Costs Assessment, Indemnity Costs, Case Management, Directions Hearings, Non Compliance With Practice Direction, Disclosure, Summary Assessment of Costs
Civil Procedure Partnership Law Costs Assessment Indemnity Costs Case Management Directions Hearings Non Compliance With Practice Direction Disclosure +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Peter John Tribe

Claimant

Elborne Mitchell LLP

Defendant

Procedural Posture

Costs Determination Following Directions Hearings in Civil Proceedings / Post Directions Hearing, Costs Assessment

Legal Issues

  1. 1 Whether the Claimant is entitled to rely on a late-served statement of costs
  2. 2 Whether costs should be awarded to the Claimant and on what basis (standard or indemnity)
  3. 3 Whether the court should revisit its earlier case management decision regarding disclosure and further directions

Ratio Decidendi

The Claimant was the successful party in a contested application regarding the formulation of the issue to be tried in the Account Claim, and the Defendant's repeated unsuccessful challenges justified an order for indemnity costs. The Claimant's late service of the statement of costs caused no prejudice to the Defendant, so costs were assessed in the normal way. There was no basis to revisit the earlier case management decision on disclosure.

Court Disposition

Defendant ordered to pay Claimant's costs on the indemnity basis; application to revisit March Judgment refused.

Orders

  • Defendant to pay Claimant's costs assessed at £10,852.50 plus VAT (£13,023 total) within 14 days.
  • Application to revisit March Judgment and order immediate disclosure refused.