Knight & Anor v Knight & Ors (Costs) [2019] EWHC 1545 (Ch) (17 June 2019)

Knight & Anor v Knight & Ors (Costs) [2019] EWHC 1545 (Ch) (17 June 2019)

The claimants' offer was not a valid Part 36 offer due to inclusion of terms as to costs, and thus Part 36 consequences do not apply. Defendants are to pay claimants' costs on the standard basis, not indemnity basis, as their conduct was not sufficiently unreasonable.

Source-derived case information.

Citation
[2019] EWHC 1545 (Ch)
Parties
Claimant: Sarah Knight; Claimant: Gordon Gregory; Defendant: Richard Knight; Defendant: Lesley Anne Knight; Defendant: Megan Knight
Jurisdiction
England and Wales
Judgment Date
17 June 2019
Procedural Posture
Chancery Division Costs Judgment / Post Trial, Costs Determination
Outcome
Defendants to pay claimants' costs on the standard basis.
Legal Topics
CPR Part 36 Offers, Costs Assessment, Beneficial Ownership, Indemnity Costs
Civil Procedure Trusts and Estates CPR Part 36 Offers Costs Assessment Beneficial Ownership Indemnity Costs

Source-derived case record

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Parties

Sarah Knight

Claimant

Gordon Gregory

Claimant

Richard Knight

Defendant

Lesley Anne Knight

Defendant

Megan Knight

Defendant

Procedural Posture

Chancery Division Costs Judgment / Post Trial, Costs Determination

Legal Issues

  1. 1 Whether the offer made by claimants was a valid Part 36 offer under CPR
  2. 2 Whether costs should be assessed on the indemnity basis or standard basis
  3. 3 Interpretation of 'sum awarded' under CPR 36.17 in trust/property claims

Ratio Decidendi

The claimants' offer was not a valid Part 36 offer due to inclusion of terms as to costs, and thus Part 36 consequences do not apply. Defendants are to pay claimants' costs on the standard basis, not indemnity basis, as their conduct was not sufficiently unreasonable.

Court Disposition

Defendants to pay claimants' costs on the standard basis.

Orders

  • Defendants to pay claimants' costs, assessed on the standard basis if not agreed.
  • Defendants to make a payment on account of costs in the sum of £72,321.98 by 4 pm on 9 July 2019.