Clutterbuck & Anor v HSBCc Plc & Ors

Clutterbuck & Anor v HSBCc Plc & Ors

Allegations of fraud, when discontinued, generally justify an order for indemnity costs against the claimant, as the defendant is compelled to defend serious accusations and incurs significant expense.

Parties
Claimant: Amanda Stephanie Clutterbuck; Claimant: Ian Scranton Paton; Defendant: HSBC PLC and others; Defendant: Eleventh Defendant
Jurisdiction
England and Wales
Judgment Date
02 October 2015
Procedural Posture
Civil / Costs Application Following Discontinuance
Outcome
Application granted
Legal Topics
Costs, Indemnity Costs, Discontinuance, Fraud Allegations
Civil Procedure Costs Indemnity Costs Discontinuance Fraud Allegations

Case Brief

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Parties

Amanda Stephanie Clutterbuck

Claimant

Ian Scranton Paton

Claimant

HSBC PLC and others

Defendant

Eleventh Defendant

Defendant

Procedural Posture

Civil / Costs Application Following Discontinuance

Legal Issues

  1. 1 Whether indemnity costs should be awarded against claimants after discontinuance of proceedings involving allegations of fraud

Ratio Decidendi

Allegations of fraud, when discontinued, generally justify an order for indemnity costs against the claimant, as the defendant is compelled to defend serious accusations and incurs significant expense.

Court Disposition

Application granted

Orders

  • Claimants to pay the 11th defendant’s costs of the proceedings on the indemnity basis, to be assessed if not agreed