Kay, R (On the Application Of) v Scan-Thors (UK) Ltd & Anor (Costs)

Kay, R (On the Application Of) v Scan-Thors (UK) Ltd & Anor (Costs)

The Interested Party’s culpable breach of the duty of candour and unreasonable conduct throughout both the Magistrates’ Court and High Court proceedings justified an order for costs against him on the indemnity basis, not from central funds. The Claimants were the successful party in substance and entitled to recover their costs, summarily assessed at £250,000.

Parties
Claimant: Martin Kay; Defendant: Scan-Thors (UK) Limited; Defendant: Leeds Magistrates’ Court; Interested Party: Marek Karwan
Jurisdiction
England and Wales
Judgment Date
26 October 2018
Procedural Posture
Judicial Review / Costs Judgment
Outcome
Claimants awarded costs against Interested Party on indemnity basis
Legal Topics
Costs, Indemnity Costs, Duty of Candour, Disclosure, Private Prosecution
Civil Procedure Judicial Review Criminal Law Costs Indemnity Costs Duty of Candour Disclosure Private Prosecution

Case Brief

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Parties

Martin Kay

Claimant

Scan-Thors (UK) Limited

Defendant

Leeds Magistrates’ Court

Defendant

Marek Karwan

Interested Party

Procedural Posture

Judicial Review / Costs Judgment

Legal Issues

  1. 1 Whether the Claimants are entitled to costs and on what basis
  2. 2 Whether costs should be paid by the Interested Party or from central funds
  3. 3 Whether costs should be assessed on the standard or indemnity basis

Ratio Decidendi

The Interested Party’s culpable breach of the duty of candour and unreasonable conduct throughout both the Magistrates’ Court and High Court proceedings justified an order for costs against him on the indemnity basis, not from central funds. The Claimants were the successful party in substance and entitled to recover their costs, summarily assessed at £250,000.

Court Disposition

Claimants awarded costs against Interested Party on indemnity basis

Orders

  • Interested Party to pay Claimants’ costs in the total sum of £250,000, payable within 28 days
  • Claimants to draw up a draft Order accordingly