Siegel v Pummell [2015] EWHC 195 (QB) (04 February 2015)

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

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Parties

Peter Asher Siegel

Claimant

Lester Pummell

Defendant

Procedural Posture

Civil / Post Judgment Costs Determination

  1. 1 Whether the Claimant is entitled to indemnity costs from 9th September 2014
  2. 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.