Dibb & Clegg (A Firm) v Recover Ltd & Ors [2001] EWHC 9011 (Costs) (12 October 2001)
Both parties had abandoned the CBA and elected for detailed assessment by consent order; the Defendants could not rely on the CBA to cap costs after participating in the assessment process and were estopped or deemed to have waived the point.
- Citation
- [2001] EWHC 9011 (Costs)
- Parties
- Claimant: Dibb & Clegg (A Firm); Defendant: Recover Ltd; Defendant: D4; Defendant/appellant: D5
- Jurisdiction
- England and Wales
- Judgment Date
- 12 October 2001
- Procedural Posture
- Costs Appeal / Appeal Against Costs Judge's Decision on Preliminary Issue in Detailed Assessment
- Outcome
- Appeal dismissed
- Legal Topics
- Contentious Business Agreement, Detailed Assessment of Costs, Estoppel, Waiver
Case Brief
Summary, issues, holding and outcome
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Parties
Dibb & Clegg (A Firm)
Claimant
Recover Ltd
Defendant
D4
Defendant
D5
Defendant/appellant
Procedural Posture
Costs Appeal / Appeal Against Costs Judge's Decision on Preliminary Issue in Detailed Assessment
Legal Issues
- 1 Whether Defendants could rely on the Contentious Business Agreement (CBA) to cap costs after a consent order for detailed assessment and new bills
- 2 Whether the CBA was still operative or had been abandoned/set aside by the parties' conduct and consent orders
Ratio Decidendi
Both parties had abandoned the CBA and elected for detailed assessment by consent order; the Defendants could not rely on the CBA to cap costs after participating in the assessment process and were estopped or deemed to have waived the point.
Court Disposition
Appeal dismissed
Orders
- 5th Defendant to pay Claimant's costs, summarily assessed
Full Case Text
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