Melissa Von Westenholz & Ors. v Marcus Gregson & Anor.

Melissa Von Westenholz & Ors. v Marcus Gregson & Anor.

Claimants are awarded costs on the standard basis up to 18 August 2020 (reduced by 25% for unsuccessful causes), and on the indemnity basis thereafter due to a valid Part 36 offer. Simple interest at 2.5% over base rate (then 4% post-Part 36) applies to both equitable compensation and costs. Payment on account set at 65% of budgeted costs (less £12,859.99 due to Defendants). Stay of execution granted only for sums other than the payment on account, until 1 April 2023, with judgment interest running.

Parties
Claimant: Ms Melissa von Westenholz (Personal Representative of the Estate of Mr Michael Sanders, Deceased); Claimant: Mrs Thalia Sanders; Claimant: Mr Rupert Sanders; Claimant: Ms Melissa von Westenholz; Defendant: Mr Marcus Gregson; Defendant: Mr Daniel Evans
Jurisdiction
England and Wales
Judgment Date
23 December 2022
Procedural Posture
Civil / Supplemental Judgment on Consequential Orders (costs, Interest, Payment on Account, Stay) After Liability Judgment
Outcome
Claimants' application for indemnity costs largely refused; costs awarded on standard basis up to 18 August 2020 (reduced by 25%), indemnity basis thereafter; payment on account ordered; partial stay granted.
Legal Topics
Equitable Compensation, Costs, Interest, Part 36 Offers, Fiduciary Duties, Trustee Liability
Equity Trusts Civil Procedure Equitable Compensation Costs Interest Part 36 Offers Fiduciary Duties +1 more

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Parties

Ms Melissa von Westenholz (Personal Representative of the Estate of Mr Michael Sanders, Deceased)

Claimant

Mrs Thalia Sanders

Claimant

Mr Rupert Sanders

Claimant

Ms Melissa von Westenholz

Claimant

Mr Marcus Gregson

Defendant

Mr Daniel Evans

Defendant

Procedural Posture

Civil / Supplemental Judgment on Consequential Orders (costs, Interest, Payment on Account, Stay) After Liability Judgment

Legal Issues

  1. 1 Whether costs should be awarded on the indemnity or standard basis
  2. 2 Whether costs should be reduced for unsuccessful causes of action
  3. 3 Appropriate rate and type of interest on equitable compensation and costs

Ratio Decidendi

Claimants are awarded costs on the standard basis up to 18 August 2020 (reduced by 25% for unsuccessful causes), and on the indemnity basis thereafter due to a valid Part 36 offer. Simple interest at 2.5% over base rate (then 4% post-Part 36) applies to both equitable compensation and costs. Payment on account set at 65% of budgeted costs (less £12,859.99 due to Defendants). Stay of execution granted only for sums other than the payment on account, until 1 April 2023, with judgment interest running.

Court Disposition

Claimants' application for indemnity costs largely refused; costs awarded on standard basis up to 18 August 2020 (reduced by 25%), indemnity basis thereafter; payment on account ordered; partial stay granted.

Orders

  • Claimants awarded 75% of their costs up to 18 August 2020 on standard basis, 100% thereafter on indemnity basis.
  • Simple interest on equitable compensation at 2.5% over base rate from 25 May 2018 to 18 August 2020, then 4% over base rate to 21 November 2022, then judgment rate.