Nicholas Drukker & Co v Pridie Brewster & Co

Nicholas Drukker & Co v Pridie Brewster & Co

It is an abuse of process for the defendants to raise in the costs assessment the same allegations of professional negligence that were fully particularised in pre-action protocol but not pursued in a High Court action; such complex and wide-ranging allegations are unsuitable for determination by a Costs Judge and should be litigated, if at all, in the High Court.

Parties
Claimant: Nicholas Drukker & Co.; Defendant: Pridie Brewster & Co.
Jurisdiction
England and Wales
Judgment Date
12 December 2005
Procedural Posture
Costs Appeal / Appeal From Rulings Made During Detailed Assessment of Costs
Outcome
Appeal dismissed
Legal Topics
Abuse of Process, Costs Assessment, Jurisdiction of Costs Judge, Professional Negligence Allegations, Res Judicata
Civil Procedure Professional Negligence Abuse of Process Costs Assessment Jurisdiction of Costs Judge Professional Negligence Allegations Res Judicata

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Parties

Nicholas Drukker & Co.

Claimant

Pridie Brewster & Co.

Defendant

Procedural Posture

Costs Appeal / Appeal From Rulings Made During Detailed Assessment of Costs

Legal Issues

  1. 1 Whether it is an abuse of process to raise allegations of professional negligence in costs assessment after not pursuing them in a High Court action
  2. 2 Whether a Costs Judge has jurisdiction to determine wide-ranging allegations of professional negligence
  3. 3 Whether such allegations are suitable for determination in a costs assessment

Ratio Decidendi

It is an abuse of process for the defendants to raise in the costs assessment the same allegations of professional negligence that were fully particularised in pre-action protocol but not pursued in a High Court action; such complex and wide-ranging allegations are unsuitable for determination by a Costs Judge and should be litigated, if at all, in the High Court.

Court Disposition

Appeal dismissed

Orders

  • Decision of Master Seager Berry upheld
  • Allegations of professional negligence struck out from Points of Dispute in costs assessment