Bates & Ors v Post Office Ltd (No.5 : Common Issues Costs) [2019] EWHC 1373 (QB) (07 June 2019)

Bates & Ors v Post Office Ltd (No.5 : Common Issues Costs) [2019] EWHC 1373 (QB) (07 June 2019)

It is appropriate to make a costs order now for the Common Issues trial, not to reserve costs, reflecting Claimants' greater success but with a 10% reduction for partial success and conduct of the trial by the Post Office; costs to be assessed on the standard basis; interim payments on account ordered; all awarded costs subject to detailed assessment.

Citation
[2019] EWHC 1373 (QB)
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) Costs Judgment / Post Trial, Consequential Costs Determination
Outcome
Costs order in favour of Claimants for Common Issues trial, subject to 10% reduction; costs to be assessed on standard basis; interim payments on account ordered; all awarded costs subject to detailed assessment.
Legal Topics
Costs in Group Litigation, Interim Payments on Account, Basis of Costs Assessment, Detailed Assessment, Proportionate Costs Orders
Civil Procedure Group Litigation Costs Costs in Group Litigation Interim Payments on Account Basis of Costs Assessment Detailed Assessment Proportionate Costs Orders

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Parties

Alan Bates and others

Claimants

Post Office Limited

Defendant

Procedural Posture

Group Litigation Order (glo) Costs Judgment / Post Trial, Consequential Costs Determination

Legal Issues

  1. 1 Whether costs of the Common Issues trial should be reserved or ordered now
  2. 2 Appropriate proportion of costs to be awarded to Claimants
  3. 3 Basis of costs assessment (standard or indemnity)

Ratio Decidendi

It is appropriate to make a costs order now for the Common Issues trial, not to reserve costs, reflecting Claimants' greater success but with a 10% reduction for partial success and conduct of the trial by the Post Office; costs to be assessed on the standard basis; interim payments on account ordered; all awarded costs subject to detailed assessment.

Court Disposition

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

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.