Curtis & Ors v Pulbrook & Anor

Curtis & Ors v Pulbrook & Anor

Claimants are entitled to payment of £124,195.01 plus interest, indemnity costs from 20 May 2008, and payment on account of costs because they succeeded on the substantive claim, bettered the Part 36 offer, and Henry Pulbrook's conduct justified indemnity costs and enhanced interest. Dismissal of counterclaim and...

Source-derived case information.

Parties
Claimant: Richard Anthony Curtis; Claimant: Judith Anne Ambler; Claimant: Susan Elizabeth Broker; Defendant: Richard Henry Pulbrook; Defendant: Dr Roger Martin Pulbrook
Jurisdiction
England and Wales
Judgment Date
17 June 2009
Procedural Posture
Civil / Post Trial Judgment on Costs and Consequential Orders
Outcome
Claimants' application granted; counterclaim dismissed; permission to appeal refused.
Legal Topics
Costs, Undue Influence, Fiduciary Duty, Accounting, Part 36 Offers, Interest on Judgment, Permission to Appeal
Civil Procedure Trusts and Estates Costs Undue Influence Fiduciary Duty Accounting Part 36 Offers Interest on Judgment +1 more

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Parties

Richard Anthony Curtis

Claimant

Judith Anne Ambler

Claimant

Susan Elizabeth Broker

Claimant

Richard Henry Pulbrook

Defendant

Dr Roger Martin Pulbrook

Defendant

Procedural Posture

Civil / Post Trial Judgment on Costs and Consequential Orders

Legal Issues

  1. 1 Entitlement to costs and interest following judgment
  2. 2 Application of CPR Part 36 to costs and interest
  3. 3 Whether it is unjust to award indemnity costs and enhanced interest

Ratio Decidendi

Claimants are entitled to payment of £124,195.01 plus interest, indemnity costs from 20 May 2008, and payment on account of costs because they succeeded on the substantive claim, bettered the Part 36 offer, and Henry Pulbrook's conduct justified indemnity costs and enhanced interest. Dismissal of counterclaim and refusal of permission to appeal are warranted as findings are based on evidence and have no realistic prospect of success.

Court Disposition

Claimants' application granted; counterclaim dismissed; permission to appeal refused.

Orders

  • Henry Pulbrook to pay Claimants £124,195.01 plus recalculated interest at 8% up to 20 May 2008 and 6% above base rate from 20 May 2008 to 8 April 2009, and post-judgment interest pursuant to s.17 Judgments Act 1838.
  • Henry Pulbrook to pay Claimants' costs on standard basis until 20 May 2008 and indemnity basis thereafter, with interest at 4% above base rate on indemnity costs from 20 May 2008 to 8 April 2009.