De Sena & Anor v Notaro & Ors

De Sena & Anor v Notaro & Ors

The claimants' case was speculative, weak, and included unfounded allegations; they unreasonably refused settlement offers and conducted the litigation in a manner out of the norm. Indemnity costs are justified for all defendants. Costs of inadmissible expert evidence are disallowed. Payments on account and interest on costs are ordered as specified.

Parties
Claimant: Carmela De Sena; Claimant: Meltor Developments Limited; Defendant: Joseph Notaro; Defendant: S Notaro Group Limited; Defendant: Bishop Fleming (a firm); Defendant: Davies and Partners Solicitors (a firm)
Jurisdiction
England and Wales
Judgment Date
01 June 2020
Procedural Posture
Civil / Post Trial, Consequential Matters and Costs
Outcome
Claim dismissed; claimants to pay defendants’ costs on indemnity basis.
Legal Topics
Indemnity Costs, Standard Costs, Interest on Costs, Expert Evidence, Pre Action Protocol Compliance, Settlement Offers
Civil Procedure Costs Indemnity Costs Standard Costs Interest on Costs Expert Evidence Pre Action Protocol Compliance Settlement Offers

Case Brief

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Parties

Carmela De Sena

Claimant

Meltor Developments Limited

Claimant

Joseph Notaro

Defendant

S Notaro Group Limited

Defendant

Bishop Fleming (a firm)

Defendant

Davies and Partners Solicitors (a firm)

Defendant

Procedural Posture

Civil / Post Trial, Consequential Matters and Costs

Legal Issues

  1. 1 Whether costs should be awarded on the indemnity or standard basis
  2. 2 Whether costs of inadmissible expert evidence should be disallowed
  3. 3 Whether interest on costs should be awarded and at what rate

Ratio Decidendi

The claimants' case was speculative, weak, and included unfounded allegations; they unreasonably refused settlement offers and conducted the litigation in a manner out of the norm. Indemnity costs are justified for all defendants. Costs of inadmissible expert evidence are disallowed. Payments on account and interest on costs are ordered as specified.

Court Disposition

Claim dismissed; claimants to pay defendants’ costs on indemnity basis.

Orders

  • Claimants to pay defendants’ costs on indemnity basis, jointly and severally.
  • Costs of inadmissible expert evidence for the third defendant disallowed.