Templeton Insurance Ltd & Anor v Brunswick & Ors (No 4) [2012] EWHC 3319 (Ch) (23 November 2012)

Templeton Insurance Ltd & Anor v Brunswick & Ors (No 4) [2012] EWHC 3319 (Ch) (23 November 2012)

Given the claimants' conduct, exaggeration, and failure on significant issues, and the unnecessary costs caused to the defendants, the claimants' recoverable costs as against the first defendant are reduced by 95% after excluding costs already subject to other orders and costs attributable to the claim against the third defendant. No payment on account is ordered. As between the claimants and the third defendant, the claimants are not entitled to recover costs for the period after the third defendant adopted a neutral position, and costs are to be determined accordingly.

Citation
[2012] EWHC 3319 (Ch)
Parties
Claimant: Templeton Insurance Limited; Claimant: Knox D'Arcy Operations Limited; Defendant: Ralph Stephen Brunswick; Defendant: Elizabeth Jane Brunswick; Defendant: Jonathan Ronald Booth (as trustee of the estate of Ralph Brunswick in bankruptcy)
Jurisdiction
England and Wales
Judgment Date
23 November 2012
Procedural Posture
Civil Commercial/chancery / Post Trial, Costs Judgment
Outcome
Claimants' recoverable costs against the first defendant reduced by 95% after exclusions; no payment on account ordered; costs as between claimants and third defendant to be determined on a similar basis, reflecting periods of active opposition.
Legal Topics
Costs Orders, Constructive Trusts, Breach of Fiduciary Duty, Fraud, Contractual Claims, Litigation Conduct
Commercial Law Equity and Trusts Civil Procedure Costs Orders Constructive Trusts Breach of Fiduciary Duty Fraud Contractual Claims +1 more

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Parties

Templeton Insurance Limited

Claimant

Knox D'Arcy Operations Limited

Claimant

Ralph Stephen Brunswick

Defendant

Elizabeth Jane Brunswick

Defendant

Jonathan Ronald Booth (as trustee of the estate of Ralph Brunswick in bankruptcy)

Defendant

Procedural Posture

Civil Commercial/chancery / Post Trial, Costs Judgment

Legal Issues

  1. 1 What is the appropriate order for costs as between the claimants and the first and third defendants?
  2. 2 Should costs be apportioned or disallowed due to the conduct of the claimants and the nature of the claims pursued?
  3. 3 Is a payment on account of costs appropriate in the circumstances?

Ratio Decidendi

Given the claimants' conduct, exaggeration, and failure on significant issues, and the unnecessary costs caused to the defendants, the claimants' recoverable costs as against the first defendant are reduced by 95% after excluding costs already subject to other orders and costs attributable to the claim against the third defendant. No payment on account is ordered. As between the claimants and the third defendant, the claimants are not entitled to recover costs for the period after the third defendant adopted a neutral position, and costs are to be determined accordingly.

Court Disposition

Claimants' recoverable costs against the first defendant reduced by 95% after exclusions; no payment on account ordered; costs as between claimants and third defendant to be determined on a similar basis, reflecting periods of active opposition.

Orders

  • Claimants' costs against first defendant reduced by 95% after excluding costs already subject to other orders and costs attributable to the claim against the third defendant.
  • No payment on account of costs to the claimants.