Rawlinson & Hunter Trustees SA v ITG Ltd & Ors

Rawlinson & Hunter Trustees SA v ITG Ltd & Ors

The Claimant’s conduct was not sufficiently unreasonable or out of the norm to justify indemnity costs; costs should be assessed on the standard basis. Immediate assessment and payment on account are refused to preserve the possibility of set off, given concerns about Defendants’ solvency and potential injustice.

Parties
Claimant: Rawlinson & Hunter Trustees SA; Defendant: ITG Limited; Defendant: Bayeux Trustees Limited
Jurisdiction
England and Wales
Judgment Date
03 July 2015
Procedural Posture
Civil / Post Judgment Costs Determination
Outcome
Claimant ordered to pay Defendants’ costs of the application, costs to be assessed on the standard basis at the conclusion of proceedings; immediate assessment and payment on account refused.
Legal Topics
Costs Assessment, Abuse of Process, Set Off of Costs, Immediate Assessment of Costs, Payment on Account of Costs
Civil Procedure Trusts Law Costs Assessment Abuse of Process Set Off of Costs Immediate Assessment of Costs Payment on Account of Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Rawlinson & Hunter Trustees SA

Claimant

ITG Limited

Defendant

Bayeux Trustees Limited

Defendant

Procedural Posture

Civil / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether costs should be assessed on the standard or indemnity basis
  2. 2 Whether costs should be assessed immediately or at the conclusion of proceedings
  3. 3 Whether a payment on account of costs should be ordered

Ratio Decidendi

The Claimant’s conduct was not sufficiently unreasonable or out of the norm to justify indemnity costs; costs should be assessed on the standard basis. Immediate assessment and payment on account are refused to preserve the possibility of set off, given concerns about Defendants’ solvency and potential injustice.

Court Disposition

Claimant ordered to pay Defendants’ costs of the application, costs to be assessed on the standard basis at the conclusion of proceedings; immediate assessment and payment on account refused.

Orders

  • Claimant to pay Defendants’ costs of the application.
  • Costs to be assessed on the standard basis.