Phaestos Ltd v Ho & Ors [2012] EWHC 4063 (QB) (22 November 2012)

Phaestos Ltd v Ho & Ors [2012] EWHC 4063 (QB) (22 November 2012)

The court retains jurisdiction to summarily assess costs specifically reserved to itself, even after acceptance of a Part 36 offer, provided the assessment is consistent with the terms of the offer and does not contradict its cost consequences.

Citation
[2012] EWHC 4063
Parties
Claimant: Phaestos Limited; Claimant: Mindimaxnox LLP; Claimant: IKOS CIF Limited; Defendant: Peter Ho; Defendant: Tobin Maxwell Gover
Jurisdiction
England and Wales
Judgment Date
22 November 2012
Procedural Posture
Commercial Litigation (technology and Construction) / Costs Ruling Following Settlement
Outcome
Costs summarily assessed; claimants ordered to pay defendants' costs.
Legal Topics
CPR Part 36 Offers, Summary Assessment of Costs, Settlement, Costs Consequences
Civil Procedure Commercial Law CPR Part 36 Offers Summary Assessment of Costs Settlement Costs Consequences

Case Brief

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Parties

Phaestos Limited

Claimant

Mindimaxnox LLP

Claimant

IKOS CIF Limited

Claimant

Peter Ho

Defendant

Tobin Maxwell Gover

Defendant

Procedural Posture

Commercial Litigation (technology and Construction) / Costs Ruling Following Settlement

Legal Issues

  1. 1 Whether the court retains jurisdiction to summarily assess costs after acceptance of a Part 36 offer
  2. 2 Whether reserved costs from prior hearings are covered by the Part 36 settlement

Ratio Decidendi

The court retains jurisdiction to summarily assess costs specifically reserved to itself, even after acceptance of a Part 36 offer, provided the assessment is consistent with the terms of the offer and does not contradict its cost consequences.

Court Disposition

Costs summarily assessed; claimants ordered to pay defendants' costs.

Orders

  • Claimants to pay defendants £86,000 by way of summary assessment within 14 days.
  • Costs to be assessed on the standard basis.