Grosvenor v High-Point Rendel Group Plc (Costs)

Grosvenor v High-Point Rendel Group Plc (Costs)

The defendant was the successful party, having succeeded on the vast majority of the issues. The claimant’s claim was grossly exaggerated and unreasonably pursued. The claimant’s rejection and subsequent conduct regarding the defendant’s reasonable admissible offer further justified a costs order in the defendant’s favour. An issue-based costs order is appropriate, with the defendant recovering the majority of its costs, subject to a discount for not making a Part 36 offer and for late admission of minor claims.

Parties
Claimant: The Honourable Richard Grosvenor; Defendant: High-Point Rendel Group PLC
Jurisdiction
England and Wales
Judgment Date
30 September 2004
Procedural Posture
Civil / Costs Judgment After Trial
Outcome
Issue-based costs order in favour of the defendant, with apportionment before and after 14 January 2004.
Legal Topics
Costs, Issue Based Costs Orders, Offers to Settle, Conduct of Parties
Civil Procedure Costs Issue Based Costs Orders Offers to Settle Conduct of Parties

Case Brief

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Parties

The Honourable Richard Grosvenor

Claimant

High-Point Rendel Group PLC

Defendant

Procedural Posture

Civil / Costs Judgment After Trial

Legal Issues

  1. 1 Who is the successful party for costs purposes?
  2. 2 What is the effect of admissible offers to settle on costs?
  3. 3 How does the conduct of parties affect costs orders?

Ratio Decidendi

The defendant was the successful party, having succeeded on the vast majority of the issues. The claimant’s claim was grossly exaggerated and unreasonably pursued. The claimant’s rejection and subsequent conduct regarding the defendant’s reasonable admissible offer further justified a costs order in the defendant’s favour. An issue-based costs order is appropriate, with the defendant recovering the majority of its costs, subject to a discount for not making a Part 36 offer and for late admission of minor claims.

Court Disposition

Issue-based costs order in favour of the defendant, with apportionment before and after 14 January 2004.

Orders

  • Prior to 14 January 2004: claimant to recover 25% of his costs from the defendant; defendant to recover 75% of its costs from the claimant.
  • After 14 January 2004: claimant to bear his own costs; defendant to recover 75% of its costs from the claimant.