Siegel v Pummell

Siegel v Pummell

The only conduct justifying indemnity costs was Professor Trimble's failure to clarify his evidence, necessitating the recall of Dr Allder. Other alleged misconduct did not rise to the threshold of being out of the norm. Indemnity costs are therefore limited to the costs occasioned by the recall of Dr Allder. The reserved costs of 17th October 2014 are awarded to the claimant on the standard basis.

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's application for indemnity costs allowed in part; reserved costs awarded to claimant.
Legal Topics
Costs, Indemnity Costs, Expert Evidence
Civil Procedure Costs Indemnity Costs Expert Evidence

Case Brief

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Parties

Peter Asher Siegel

Claimant

Lester Pummell

Defendant

Procedural Posture

Civil / Post Judgment Costs Determination

Legal Issues

  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

The only conduct justifying indemnity costs was Professor Trimble's failure to clarify his evidence, necessitating the recall of Dr Allder. Other alleged misconduct did not rise to the threshold of being out of the norm. Indemnity costs are therefore limited to the costs occasioned by the recall of Dr Allder. The reserved costs of 17th October 2014 are awarded to the claimant on the standard basis.

Court Disposition

Claimant's application for indemnity costs allowed in part; reserved costs awarded to claimant.

Orders

  • Costs of the recall of Dr Allder, occasioned by Professor Trimble's final written statement, to be paid by defendant on an indemnity basis.
  • Costs reserved by Master Leslie on 17th October 2014 awarded to claimant on the standard basis, to be assessed if not agreed.