CHRISTOPHER BERNARD UPHAM & ORS v HSBC UK BANK PLC

CHRISTOPHER BERNARD UPHAM & ORS v HSBC UK BANK PLC

It is not appropriate at this stage to make an order for the apportionment of common costs across cohorts of claimants, as the claims are separate, the parties have not agreed to share costs, and the identification and quantification of common costs cannot be usefully determined in advance. Making such an order now would not assist the parties or the court and may constrain the court's discretion at the conclusion of the proceedings.

Parties
Claimant: Christopher Bernard Upham & Ors; Claimant: Ayodele Akinluyi & Ors; Defendant: HSBC UK Bank PLC
Jurisdiction
England and Wales
Judgment Date
07 February 2022
Procedural Posture
Civil (commercial Court) / Interlocutory Application Regarding Costs Allocation at First Case Management Conference
Outcome
Application for an order apportioning common costs across cohorts dismissed.
Legal Topics
Recoverability of Costs, Apportionment of Costs, Case Management, Group Litigation, Security for Costs
Civil Procedure Costs Recoverability of Costs Apportionment of Costs Case Management Group Litigation Security for Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Christopher Bernard Upham & Ors

Claimant

Ayodele Akinluyi & Ors

Claimant

HSBC UK Bank PLC

Defendant

Procedural Posture

Civil (commercial Court) / Interlocutory Application Regarding Costs Allocation at First Case Management Conference

Legal Issues

  1. 1 Whether an order should be made at this stage for the apportionment of common costs across cohorts of claimants in the event of an adverse costs order in favour of HSBC
  2. 2 Whether claimants should be liable for a pro rata share of common costs incurred by HSBC across both cohorts or only for costs incurred in relation to their own cohort

Ratio Decidendi

It is not appropriate at this stage to make an order for the apportionment of common costs across cohorts of claimants, as the claims are separate, the parties have not agreed to share costs, and the identification and quantification of common costs cannot be usefully determined in advance. Making such an order now would not assist the parties or the court and may constrain the court's discretion at the conclusion of the proceedings.

Court Disposition

Application for an order apportioning common costs across cohorts dismissed.