ASHFORD BOROUGH COUNCIL and Ors v FERGUS WILSON

The Defendant is bound by the agreement reached by his counsel regarding the costs order, as there was no evidence of termination or limitation of counsel's authority, and the agreement was within the scope of apparent authority. All Part 36 consequences apply.

Parties: Claimant: Ashford Borough Council; Claimant: Mrs Tracey Kerly; Defendant: Mr Fergus Wilson
Jurisdiction: England and Wales
Judgment Date: 05 May 2022
Procedural Posture: Civil / Costs Ruling Following Final Judgment
Outcome: Costs order granted as agreed between counsel; Defendant to pay Claimants’ costs with Part 36 consequences.
Legal Topics: Costs, Authority of Counsel, Part 36 Offers, Indemnity Costs, Interest on Costs

Civil Procedure Costs Authority of Counsel Part 36 Offers Indemnity Costs Interest on Costs

Case Brief

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Parties

Ashford Borough Council

Claimant

Mrs Tracey Kerly

Claimant

Mr Fergus Wilson

Defendant

Procedural Posture

Civil / Costs Ruling Following Final Judgment

Legal Issues

1 Whether a costs order had been agreed
2 Whether the Defendant is bound by the agreement of his counsel
3 What order for costs should be made

Ratio Decidendi

Court Disposition

Costs order granted as agreed between counsel; Defendant to pay Claimants’ costs with Part 36 consequences.

Orders

Defendant to pay Claimants’ costs of the action, including interlocutory hearings, on the standard basis up to 26 September 2020 and on the indemnity basis thereafter.
Interest on costs prior to 26 September 2020 at 8% per annum.