Richards & Anor v Speechly Bircham Llp & Anor (Consequential Matters) [2022] EWHC 1512 (Comm) (16 June 2022)

Richards & Anor v Speechly Bircham Llp & Anor (Consequential Matters) [2022] EWHC 1512 (Comm) (16 June 2022)

Defendants' refusal to mediate was unreasonable but, considering all circumstances including partial success and offers, costs are awarded to Claimants on the standard basis. Payment on account set at £713,000 including VAT. Pre-judgment interest awarded at 2% above base rate from 1 December 2015. Permission to appeal refused to both parties as proposed grounds lack real prospect of success.

Citation
[2022] EWHC 1512 (Comm)
Parties
Claimant: Paul Richards; Claimant: Keith Purves; Defendant: Speechly Bircham LLP; Defendant: Charles Russell Speechlys LLP
Jurisdiction
England and Wales
Judgment Date
16 June 2022
Procedural Posture
Commercial Court Judgment (consequential Matters) / Post Trial, Consequential Matters Following Main Judgment
Outcome
Claimants awarded costs on the standard basis; payment on account of costs ordered; pre-judgment interest awarded at specified rate and period; both parties refused permission to appeal.
Legal Topics
Costs Orders, Indemnity Vs Standard Basis, Alternative Dispute Resolution (adr), Pre Judgment Interest, Permission to Appeal, Assessment of Damages, Loss of a Chance, Mitigation of Loss
Civil Procedure Professional Negligence Costs Costs Orders Indemnity Vs Standard Basis Alternative Dispute Resolution (adr) Pre Judgment Interest Permission to Appeal +3 more

Case Brief

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Parties

Paul Richards

Claimant

Keith Purves

Claimant

Speechly Bircham LLP

Defendant

Charles Russell Speechlys LLP

Defendant

Procedural Posture

Commercial Court Judgment (consequential Matters) / Post Trial, Consequential Matters Following Main Judgment

Legal Issues

  1. 1 Whether costs should be awarded on the indemnity or standard basis due to refusal to mediate
  2. 2 Appropriate sum for payment on account of costs
  3. 3 Proper rate and accrual date for pre-judgment interest

Ratio Decidendi

Defendants' refusal to mediate was unreasonable but, considering all circumstances including partial success and offers, costs are awarded to Claimants on the standard basis. Payment on account set at £713,000 including VAT. Pre-judgment interest awarded at 2% above base rate from 1 December 2015. Permission to appeal refused to both parties as proposed grounds lack real prospect of success.

Court Disposition

Claimants awarded costs on the standard basis; payment on account of costs ordered; pre-judgment interest awarded at specified rate and period; both parties refused permission to appeal.

Orders

  • Defendants to pay Claimants' costs down to and including trial on the standard basis.
  • Defendants to pay £713,000 (including VAT) on account of costs to Claimants.