Wessanen Foods v Jofson Ltd

Wessanen Foods v Jofson Ltd

The Defendant's costs should be assessed on a standard basis, not indemnity, because the offer of 3rd April did not meet Part 36 requirements, the Claimant's conduct was not unreasonable to a high degree, and the weakness of the Claimant's case only became apparent during trial, not before.

Parties
Claimant: Wessanen Foods; Defendant: Jofson Ltd
Jurisdiction
England and Wales
Judgment Date
08 June 2006
Procedural Posture
Civil / Post Trial Costs Ruling
Outcome
Defendant entitled to costs of both claim and Counterclaim, assessed on a standard basis.
Legal Topics
Costs, Indemnity Costs, Standard Costs Assessment, Offers to Settle, Conduct of Litigation
Civil Procedure Costs Indemnity Costs Standard Costs Assessment Offers to Settle Conduct of Litigation

Case Brief

Summary, issues, holding and outcome

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Parties

Wessanen Foods

Claimant

Jofson Ltd

Defendant

Procedural Posture

Civil / Post Trial Costs Ruling

Legal Issues

  1. 1 Whether Defendant's costs should be assessed on an indemnity basis from 11th April 2006
  2. 2 Appropriate basis for costs assessment given offers and conduct

Ratio Decidendi

The Defendant's costs should be assessed on a standard basis, not indemnity, because the offer of 3rd April did not meet Part 36 requirements, the Claimant's conduct was not unreasonable to a high degree, and the weakness of the Claimant's case only became apparent during trial, not before.

Court Disposition

Defendant entitled to costs of both claim and Counterclaim, assessed on a standard basis.

Orders

  • Claimant to pay Defendant £165,000 as interim payment on costs within 21 days.
  • Counterclaim payable at same time.