Paragon Offshore Plc, Re (Costs)

Paragon Offshore Plc, Re (Costs)

Costs should follow the event; Mr Hammersley unsuccessfully opposed the discharge application on all grounds, was warned of costs consequences, and there is no good reason to depart from the general rule. Costs to be paid by Mr Hammersley from 12 March 2020, assessed on a standard basis, with a payment on account ordered.

Parties
Applicant: Nicholas Guy Edwards; Applicant: David Philip Soden; Applicant: Neville Barry Kahn; Respondent: Michael R. Hammersley
Jurisdiction
England and Wales
Judgment Date
20 July 2020
Procedural Posture
Insolvency Application / Costs Judgment After Discharge Application
Outcome
Costs ordered against respondent; payment on account ordered; irrecoverable costs to be paid out of estate
Legal Topics
Costs, Administrators' Discharge, Court Discretion on Costs
Insolvency Law Costs Administrators' Discharge Court Discretion on Costs

Case Brief

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Parties

Nicholas Guy Edwards

Applicant

David Philip Soden

Applicant

Neville Barry Kahn

Applicant

Michael R. Hammersley

Respondent

Procedural Posture

Insolvency Application / Costs Judgment After Discharge Application

Legal Issues

  1. 1 Whether costs should follow the event in an unsuccessful opposition to administrators' discharge
  2. 2 Whether costs should be summarily assessed or subject to detailed assessment
  3. 3 Whether costs should be paid by the respondent or out of the insolvent estate

Ratio Decidendi

Costs should follow the event; Mr Hammersley unsuccessfully opposed the discharge application on all grounds, was warned of costs consequences, and there is no good reason to depart from the general rule. Costs to be paid by Mr Hammersley from 12 March 2020, assessed on a standard basis, with a payment on account ordered.

Court Disposition

Costs ordered against respondent; payment on account ordered; irrecoverable costs to be paid out of estate

Orders

  • Mr Hammersley to pay Applicants' costs from 12 March 2020, assessed on a standard basis.
  • Mr Hammersley to pay £116,008.14 plus VAT of £23,201.63 on account of costs.