Siegel v Pummell [2015] EWHC 195 (QB) (04 February 2015)
Only the conduct of Professor Trimble in producing a final written statement during trial, necessitating the recall of Dr Allder, was sufficiently out of the norm to justify indemnity costs; other alleged conduct did not meet the threshold for indemnity costs.
- Citation
- [2015] EWHC 195
- Parties
- Claimant: Peter Asher Siegel; Defendant: Lester Pummell
- Jurisdiction
- England and Wales
- Judgment Date
- 04 February 2015
- Procedural Posture
- Civil / Post Judgment Costs Determination
- Outcome
- Claimant awarded indemnity costs limited to the recall of Dr Allder; costs reserved by Master Leslie awarded to Claimant on standard basis.
- Legal Topics
- Costs, Indemnity Costs, Expert Evidence, CPR Part 36
Case Brief
Summary, issues, holding and outcome
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Parties
Peter Asher Siegel
Claimant
Lester Pummell
Defendant
Procedural Posture
Civil / Post Judgment Costs Determination
Legal Issues
- 1 Whether the Claimant is entitled to indemnity costs from 9th September 2014
- 2 Whether the Claimant is entitled to costs reserved by Master Leslie on 17th October 2014
Ratio Decidendi
Only the conduct of Professor Trimble in producing a final written statement during trial, necessitating the recall of Dr Allder, was sufficiently out of the norm to justify indemnity costs; other alleged conduct did not meet the threshold for indemnity costs.
Court Disposition
Claimant awarded indemnity costs limited to the recall of Dr Allder; costs reserved by Master Leslie awarded to Claimant on standard basis.
Orders
- Indemnity costs awarded to Claimant for recall of Dr Allder occasioned by Professor Trimble's final written statement.
- Costs reserved by Master Leslie on 17th October 2014 awarded to Claimant on standard basis, to be assessed if not agreed.
Full Case Text
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