Feltham v Bouskell [2013] EWHC 3086 (Ch) (15 July 2013)

Feltham v Bouskell [2013] EWHC 3086 (Ch) (15 July 2013)

Interest awarded at 1.5% above base from 20 August 2009 on judgment sum and costs, 3.5% above base after Part 36 period; no additional amount under CPR 36.14(3)(d) due to late offer and disclosure failures; claimant entitled to full costs and interim payment of £75,000.

Citation
[2013] EWHC 3086 (Ch)
Parties
Claimant: Lorraine Feltham; Defendant: Freer Bouskell
Jurisdiction
England and Wales
Judgment Date
15 July 2013
Procedural Posture
Chancery Division Civil Claim / Post Trial Judgment on Interest and Costs
Outcome
Claimant succeeds; interest and costs awarded as specified; interim payment granted; leave to appeal refused.
Legal Topics
Interest on Judgment, Costs, CPR Part 36, Interim Payments
Probate Civil Procedure Interest on Judgment Costs CPR Part 36 Interim Payments

Case Brief

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Parties

Lorraine Feltham

Claimant

Freer Bouskell

Defendant

Procedural Posture

Chancery Division Civil Claim / Post Trial Judgment on Interest and Costs

Legal Issues

  1. 1 Appropriate rate and period for interest on judgment sum
  2. 2 Interest on costs incurred in probate action
  3. 3 Application of CPR 36.14(3)(a) and (d) for enhanced interest and additional amount

Ratio Decidendi

Interest awarded at 1.5% above base from 20 August 2009 on judgment sum and costs, 3.5% above base after Part 36 period; no additional amount under CPR 36.14(3)(d) due to late offer and disclosure failures; claimant entitled to full costs and interim payment of £75,000.

Court Disposition

Claimant succeeds; interest and costs awarded as specified; interim payment granted; leave to appeal refused.

Orders

  • Interest at 1.5% above base from 20 August 2009 on £650,000 judgment sum.
  • Interest at 1.5% above base on £62,000 probate action costs from date paid.