Bates & Ors v Post Office Ltd (No.5 : Common Issues Costs)

Bates & Ors v Post Office Ltd (No.5 : Common Issues Costs)

The court exercised its discretion to award Claimants their costs of the Common Issues trial, subject to a 10% reduction for partial success and conduct by the Post Office that unnecessarily extended the trial. Costs are to be assessed on the standard basis, and interim payments on account are ordered based on incurred and budgeted costs, with detailed assessment required for all costs.

Parties
Claimants: Alan Bates and others; Defendant: Post Office Limited
Jurisdiction
England and Wales
Judgment Date
07 June 2019
Procedural Posture
Group Litigation Order (glo) / Post Trial Costs Determination Following Resolution of Common Issues
Outcome
Claimants awarded costs of Common Issues trial, subject to 10% reduction; costs to be assessed on standard basis; interim payments on account ordered; detailed assessment required for all costs.
Legal Topics
Costs Assessment, Interim Payments, Group Litigation Order, Civil Procedure Rules, Case Management
Civil Procedure Group Litigation Costs Costs Assessment Interim Payments Group Litigation Order Civil Procedure Rules Case Management

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Parties

Alan Bates and others

Claimants

Post Office Limited

Defendant

Procedural Posture

Group Litigation Order (glo) / Post Trial Costs Determination Following Resolution of Common Issues

Legal Issues

  1. 1 Whether costs of the Common Issues trial should be reserved or awarded now
  2. 2 Proportion of costs to be awarded given partial success
  3. 3 Basis of costs assessment (standard or indemnity)

Ratio Decidendi

The court exercised its discretion to award Claimants their costs of the Common Issues trial, subject to a 10% reduction for partial success and conduct by the Post Office that unnecessarily extended the trial. Costs are to be assessed on the standard basis, and interim payments on account are ordered based on incurred and budgeted costs, with detailed assessment required for all costs.

Court Disposition

Claimants awarded costs of Common Issues trial, subject to 10% reduction; costs to be assessed on standard basis; interim payments on account ordered; detailed assessment required for all costs.

Orders

  • Post Office to pay Claimants £2.79 million plus VAT and 1% on account for budgeted costs from 13 April 2018.
  • Post Office to pay Claimants £1.77 million plus VAT and 1% on account for incurred costs up to 13 April 2018.