Bateman v Joyce

The consent order was intended by both parties to allow each to recover the costs of their respective claims, including liability issues, and was not subject to the Medway Oil limitation. The Defendant's costs are not restricted to only those generated by the counterclaim.

Parties: Claimant: Guy M J Bateman; Defendant: Paul Joyce
Jurisdiction: England and Wales
Judgment Date: 12 February 2008
Procedural Posture: Costs Assessment / Judgment Following Detailed Assessment Hearing
Outcome: Defendant's costs not limited by Medway Oil; Claimant must pay Defendant's costs of liability issues, subject to reasonableness.
Legal Topics: Interpretation of Consent Orders, Application of Medway Oil Principle, Costs of Claim and Counterclaim

Civil Procedure Costs Interpretation of Consent Orders Application of Medway Oil Principle Costs of Claim and Counterclaim

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 12 Party arguments 2 Amounts and remedies 7

Parties

Guy M J Bateman

Claimant

Paul Joyce

Defendant

Procedural Posture

Costs Assessment / Judgment Following Detailed Assessment Hearing

Legal Issues

1 Whether the costs payable by the Claimant to the Defendant under paragraph 4 of the consent order are limited by the Medway Oil principle
2 Whether the Defendant is entitled to all his costs of the counterclaim, including costs concerned with liability

Ratio Decidendi

Court Disposition

Defendant's costs not limited by Medway Oil; Claimant must pay Defendant's costs of liability issues, subject to reasonableness.

Orders

Claimant to pay Defendant's costs of the counterclaim, including liability issues, subject to detailed assessment.