Newall & Anor v Lewis & Ors

Newall & Anor v Lewis & Ors

On the facts and wording of the order, 'costs incidental to the proceedings' refers specifically to pre-issue investigative costs. These are excluded from paragraph 1 and must be identified and referred to a Chancery Judge for determination. All other costs, including post-issue incidental costs, are recoverable under paragraph 1, subject to assessment.

Parties
Claimant: Lucinda Newall; Claimant: Alexander Newall; Defendant: John North Lewis; Defendant: Richard Middleton; Defendant: Lorna Milne Joicey
Jurisdiction
England and Wales
Judgment Date
01 March 2007
Procedural Posture
Costs Assessment (preliminary Issue) / Judgment on Preliminary Issue Regarding Recoverability of Costs
Outcome
Preliminary issue answered: Yes, costs incidental to the proceedings are recoverable only to the extent of pre-issue investigative costs as may be ordered by a Chancery Judge. Post-issue incidental costs are recoverable under paragraph 1.
Legal Topics
Costs Assessment, Interpretation of Consent Orders, Recoverability of Pre Action Investigative Costs
Civil Procedure Trusts and Estates Costs Assessment Interpretation of Consent Orders Recoverability of Pre Action Investigative Costs

Case Brief

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Parties

Lucinda Newall

Claimant

Alexander Newall

Claimant

John North Lewis

Defendant

Richard Middleton

Defendant

Lorna Milne Joicey

Defendant

Procedural Posture

Costs Assessment (preliminary Issue) / Judgment on Preliminary Issue Regarding Recoverability of Costs

Legal Issues

  1. 1 Whether costs 'incidental to the proceedings' are recoverable by the Claimants under paragraph 1 of the order of Mann J dated 10 May 2006
  2. 2 Whether pre-issue investigative costs are included in the costs recoverable under the order

Ratio Decidendi

On the facts and wording of the order, 'costs incidental to the proceedings' refers specifically to pre-issue investigative costs. These are excluded from paragraph 1 and must be identified and referred to a Chancery Judge for determination. All other costs, including post-issue incidental costs, are recoverable under paragraph 1, subject to assessment.

Court Disposition

Preliminary issue answered: Yes, costs incidental to the proceedings are recoverable only to the extent of pre-issue investigative costs as may be ordered by a Chancery Judge. Post-issue incidental costs are recoverable under paragraph 1.

Orders

  • Pre-issue investigative costs to be identified and referred to a Chancery Judge for determination of recoverability.
  • Costs of the preliminary issue to be costs in the detailed assessment.