Tribe v Elborne Mitchell LLP (Costs)

Tribe v Elborne Mitchell LLP (Costs)

The Claimant was the successful party at the contested directions hearings, the Defendant's repeated and unsuccessful challenges to the formulation of the issue to be tried took the case out of the norm, and there was no prejudice to the Defendant from the late service of the statement of costs. Therefore, the Defendant is ordered to pay the Claimant's costs on an indemnity basis, summarily assessed at £10,852.50 plus VAT, to be paid within 14 days. The application to revisit the March Judgment is refused as there is no justification or new material to warrant it.

Parties
Claimant: Peter John Tribe; Defendant: Elborne Mitchell LLP
Jurisdiction
England and Wales
Judgment Date
18 May 2021
Procedural Posture
Civil / Post Directions Hearing, Costs Determination
Outcome
Claimant's application for costs granted; application to revisit March Judgment refused.
Legal Topics
Indemnity Costs, Case Management, Directions Hearings, Assessment of Costs
Civil Procedure Costs Indemnity Costs Case Management Directions Hearings Assessment of Costs

Case Brief

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Parties

Peter John Tribe

Claimant

Elborne Mitchell LLP

Defendant

Procedural Posture

Civil / Post Directions Hearing, Costs Determination

Legal Issues

  1. 1 Whether the Claimant is entitled to rely on its statement of costs served late
  2. 2 Whether the Defendant should pay the Claimant's costs of the directions hearings
  3. 3 Whether costs should be assessed on the indemnity basis

Ratio Decidendi

The Claimant was the successful party at the contested directions hearings, the Defendant's repeated and unsuccessful challenges to the formulation of the issue to be tried took the case out of the norm, and there was no prejudice to the Defendant from the late service of the statement of costs. Therefore, the Defendant is ordered to pay the Claimant's costs on an indemnity basis, summarily assessed at £10,852.50 plus VAT, to be paid within 14 days. The application to revisit the March Judgment is refused as there is no justification or new material to warrant it.

Court Disposition

Claimant's application for costs granted; application to revisit March Judgment refused.

Orders

  • Defendant to pay Claimant's costs of the directions hearings on an indemnity basis, summarily assessed at £10,852.50 plus VAT, within 14 days.
  • Application to revisit March Judgment refused.