Phaestos Ltd v Ho & Ors

Phaestos Ltd v Ho & Ors

The court retains jurisdiction to summarily assess costs reserved to itself, even after acceptance of a Part 36 offer, provided such assessment is consistent with the terms of the settlement. The claimants are ordered to pay the defendants' costs on the standard basis, summarily assessed at £86,000.

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
Civil / Post Settlement Costs Determination
Outcome
Costs summarily assessed; claimants ordered to pay defendants' costs.
Legal Topics
Costs Assessment, Part 36 Offers, Summary Assessment, Settlement, Case Management
Civil Procedure Contract Law Costs Assessment Part 36 Offers Summary Assessment Settlement Case Management

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

Civil / Post Settlement Costs Determination

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
  3. 3 Appropriate basis and quantum for costs assessment

Ratio Decidendi

The court retains jurisdiction to summarily assess costs reserved to itself, even after acceptance of a Part 36 offer, provided such assessment is consistent with the terms of the settlement. The claimants are ordered to pay the defendants' costs on the standard basis, summarily assessed at £86,000.

Court Disposition

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

Orders

  • Claimants to pay defendants £86,000 in costs within 14 days.