Burgess & Anor v Lejonvarn

The court found that the Claimants' conduct, while hard-fought, was not out of the norm and did not justify indemnity costs. Both parties failed to fully comply with the pre-action protocol, but this did not warrant a reduction in pre-action costs. The Defendant is entitled to costs on the standard basis, including pre-action costs, and interest at 4% above base rate from the date of payment. A payment on account of £365,000 is ordered.

Parties: Claimant: Mr Peter Burgess; Claimant: Mrs Lynn Burgess; Defendant: Mrs Basia Lejonvarn
Jurisdiction: England and Wales
Judgment Date: 26 February 2019
Procedural Posture: Civil / Post Judgment Costs Ruling
Outcome: Costs awarded to Defendant on the standard basis; no indemnity costs.
Legal Topics: Indemnity Costs, Standard Costs, Pre Action Protocol, Interest on Costs, Part 36 Offers

Civil Procedure Costs Indemnity Costs Standard Costs Pre Action Protocol Interest on Costs Part 36 Offers

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 6

Parties

Mr Peter Burgess

Claimant

Mrs Lynn Burgess

Claimant

Mrs Basia Lejonvarn

Defendant

Procedural Posture

Civil / Post Judgment Costs Ruling

Legal Issues

1 Whether the Defendant is entitled to indemnity costs
2 Whether the Defendant is entitled to all pre-action costs
3 Whether interest should be ordered on costs already paid

Ratio Decidendi

Court Disposition

Costs awarded to Defendant on the standard basis; no indemnity costs.

Orders

Claimants to pay Defendant's costs on the standard basis, including pre-action costs.
Interest on costs at 4% above base rate from the date of payment.