Phaestos Ltd & Anor v Ho (Costs)

Phaestos Ltd & Anor v Ho (Costs)

The claimants are not entitled to indemnity costs as the circumstances are not out of the norm; costs are awarded on a standard basis. The claimants' costs bill is too large and lacking detail for summary assessment, so an interim payment is ordered. Defendants' costs for strike-out and security for costs applications are reduced by 10% and 30% respectively for fairness and proportionality.

Parties
Claimant: Phaestos Limited; Claimant: Mindimaxnox LLP; Defendant: Peter Ho; Defendant: IKOS CIF Limited; Defendant: Tobin Maxwell Gover
Jurisdiction
England and Wales
Judgment Date
22 March 2012
Procedural Posture
Civil / Costs Judgment Following Summary Judgment and Strike Out Applications
Outcome
Costs awarded on a standard basis; summary assessment refused for claimants; summary assessment granted for defendants with reductions.
Legal Topics
Costs, Summary Judgment, Strike Out, Indemnity Costs, Standard Costs, Detailed Assessment
Civil Procedure Costs Summary Judgment Strike Out Indemnity Costs Standard Costs Detailed Assessment

Case Brief

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Parties

Phaestos Limited

Claimant

Mindimaxnox LLP

Claimant

Peter Ho

Defendant

IKOS CIF Limited

Defendant

Tobin Maxwell Gover

Defendant

Procedural Posture

Civil / Costs Judgment Following Summary Judgment and Strike Out Applications

Legal Issues

  1. 1 Whether claimants are entitled to indemnity costs for summary judgment and strike-out applications
  2. 2 Appropriateness of summary assessment of costs
  3. 3 Reduction of defendants' costs for strike-out and security for costs applications

Ratio Decidendi

The claimants are not entitled to indemnity costs as the circumstances are not out of the norm; costs are awarded on a standard basis. The claimants' costs bill is too large and lacking detail for summary assessment, so an interim payment is ordered. Defendants' costs for strike-out and security for costs applications are reduced by 10% and 30% respectively for fairness and proportionality.

Court Disposition

Costs awarded on a standard basis; summary assessment refused for claimants; summary assessment granted for defendants with reductions.

Orders

  • Claimants awarded interim payment of £40,000 payable within 14 days, subject to detailed assessment.
  • Defendants awarded £61,600 for strike-out application costs, payable within 14 days.