Knight & Anor v Knight & Ors (Costs)

Knight & Anor v Knight & Ors (Costs)

The offer made by the claimants was not a valid Part 36 offer because it included terms as to costs, contrary to binding Court of Appeal authority. There was no unreasonable conduct by the defendants justifying indemnity costs. Costs are to be paid by the defendants on the standard basis.

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
Civil / Costs Judgment Following Trial
Outcome
Defendants to pay claimants' costs on the standard basis.
Legal Topics
Costs, CPR Part 36 Offers, Beneficial Ownership, Indemnity Costs
Civil Procedure Trusts Costs CPR Part 36 Offers Beneficial Ownership Indemnity Costs

Case Brief

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Parties

Sarah Knight

Claimant

Gordon Gregory

Claimant

Richard Knight

Defendant

Lesley Anne Knight

Defendant

Megan Knight

Defendant

Procedural Posture

Civil / Costs Judgment Following Trial

Legal Issues

  1. 1 Whether the offer made by the claimants was a valid Part 36 offer under the Civil Procedure Rules
  2. 2 Whether the defendants should pay costs on the indemnity basis or standard basis
  3. 3 Whether the costs consequences under CPR 36.17 apply to the case

Ratio Decidendi

The offer made by the claimants was not a valid Part 36 offer because it included terms as to costs, contrary to binding Court of Appeal authority. There was no unreasonable conduct by the defendants justifying indemnity costs. Costs are to be paid by the defendants on the standard basis.

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.