Thomas v PGI Group Ltd

Thomas v PGI Group Ltd

The Defendant should pay the Claimants’ costs of the Costs Capping Application because the application was a discrete issue, the Defendant lost, and there is no reason to depart from the normal rule that costs follow the event. Summary assessment is appropriate and will be conducted at the costs budgeting hearing after the Claimants file a schedule of costs.

Parties
Claimant: Magret Thomas and Others; Defendant: PGI Group Limited
Jurisdiction
England and Wales
Judgment Date
19 October 2021
Procedural Posture
Civil / Ruling on Costs of Application for Costs Capping Order
Outcome
Claimants awarded costs of the Costs Capping Application, to be determined by summary assessment at the hearing on 19 November 2021.
Legal Topics
Costs, Costs Capping Order, Summary Assessment
Civil Procedure Costs Costs Capping Order Summary Assessment

Case Brief

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Parties

Magret Thomas and Others

Claimant

PGI Group Limited

Defendant

Procedural Posture

Civil / Ruling on Costs of Application for Costs Capping Order

Legal Issues

  1. 1 Whether the Defendant should pay the Claimants’ costs of the Costs Capping Application
  2. 2 Appropriate timing and method for assessment of such costs

Ratio Decidendi

The Defendant should pay the Claimants’ costs of the Costs Capping Application because the application was a discrete issue, the Defendant lost, and there is no reason to depart from the normal rule that costs follow the event. Summary assessment is appropriate and will be conducted at the costs budgeting hearing after the Claimants file a schedule of costs.

Court Disposition

Claimants awarded costs of the Costs Capping Application, to be determined by summary assessment at the hearing on 19 November 2021.

Orders

  • Claimants to file and serve a schedule of costs for the Costs Capping Application seven days before the hearing on 19 November 2021.
  • Summary assessment of the Claimants’ costs to be conducted at the hearing on 19 November 2021.