Barkhuysen v Hamilton

Barkhuysen v Hamilton

The defendant's conduct was unreasonable and mendacious, warranting indemnity costs, a 10% reduction for claimant's partial failures, additional amount and interest under CPR 36.17, and payment on account reflecting extra costs incurred.

Parties
Claimant: Anton Barkhuysen; Defendant: Sharon Patricia Hamilton
Jurisdiction
England and Wales
Judgment Date
23 December 2016
Procedural Posture
Civil / Post Judgment Costs Ruling
Outcome
Defendant to pay 90% of claimant’s costs on indemnity basis (except adjourned hearing on standard basis), additional amount under CPR 36.17, interest at 10%, interim payment, stay of execution.
Legal Topics
False Imprisonment, Slander, Harassment, Malicious Prosecution, Costs, CPR 36.17, Indemnity Costs, Interest, Detailed Assessment
Tort Civil Procedure False Imprisonment Slander Harassment Malicious Prosecution Costs CPR 36.17 +3 more

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Parties

Anton Barkhuysen

Claimant

Sharon Patricia Hamilton

Defendant

Procedural Posture

Civil / Post Judgment Costs Ruling

Legal Issues

  1. 1 Appropriate costs order following judgment
  2. 2 Application of CPR 36.17 for Part 36 offer
  3. 3 Basis for indemnity costs

Ratio Decidendi

The defendant's conduct was unreasonable and mendacious, warranting indemnity costs, a 10% reduction for claimant's partial failures, additional amount and interest under CPR 36.17, and payment on account reflecting extra costs incurred.

Court Disposition

Defendant to pay 90% of claimant’s costs on indemnity basis (except adjourned hearing on standard basis), additional amount under CPR 36.17, interest at 10%, interim payment, stay of execution.

Orders

  • Defendant to pay 90% of claimant’s costs, subject to detailed assessment on indemnity basis except adjourned hearing on standard basis.
  • Claimant’s recoverable costs not limited to budget in five specified respects.