Axnoller Events Ltd v Brake & Anor (Rev 1)

Axnoller Events Ltd v Brake & Anor (Rev 1)

Costs thrown away by adjournment are to be summarily assessed on the standard basis, including staged counsels’ fees and costs of preparing the schedule, as these were reasonably incurred, reasonable in amount, and proportionate. Payment on account for Recusal Application costs requires clear written submissions from parties.

Parties
Claimant: Axnoller Events Limited; Defendant: Nihal Mohammed Kamal Brake; Defendant: Andrew Young Brake; Defendant: Tom Conyers D’Arcy; Defendant: The Chedington Court Estate Limited
Jurisdiction
England and Wales
Judgment Date
17 May 2021
Procedural Posture
Costs Assessment / Post Trial Written Judgment
Outcome
Costs summarily assessed and ordered paid.
Legal Topics
Costs Assessment, Adjournment, Recusal Application, Indemnity Basis, Standard Basis
Civil Procedure Costs Costs Assessment Adjournment Recusal Application Indemnity Basis Standard Basis

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Parties

Axnoller Events Limited

Claimant

Nihal Mohammed Kamal Brake

Defendant

Andrew Young Brake

Defendant

Tom Conyers D’Arcy

Defendant

The Chedington Court Estate Limited

Defendant

Procedural Posture

Costs Assessment / Post Trial Written Judgment

Legal Issues

  1. 1 Whether payment on account of costs should be ordered for the Recusal Application
  2. 2 How to assess costs thrown away by adjournment of trials

Ratio Decidendi

Costs thrown away by adjournment are to be summarily assessed on the standard basis, including staged counsels’ fees and costs of preparing the schedule, as these were reasonably incurred, reasonable in amount, and proportionate. Payment on account for Recusal Application costs requires clear written submissions from parties.

Court Disposition

Costs summarily assessed and ordered paid.

Orders

  • Guy parties to indicate in writing reasonable sum for payment on account of Recusal Application costs; Brakes to respond in writing; Guy parties to reply; court to decide thereafter.
  • Brakes to pay Guy parties £63,851.50 for costs thrown away by adjournment within 14 days.