Malmesbury & Ors v Strutt & Parker (a partnership)

Malmesbury & Ors v Strutt & Parker (a partnership)

The claimants succeeded on liability and recovered substantial damages, but the claim was grossly exaggerated and they lost on several discrete issues. The court ordered that the claimants recover only a proportion of their costs (59.5% on liability, 68% on damages), pay 15% of the defendants' costs on discrete issues, and bear consequences for their conduct in mediation and exaggeration. Interest was awarded at 2.5% over base rate. Permission to appeal was refused on all grounds for both sides.

Parties
Claimant: James Carleton Seventh Earl of Malmesbury; Claimant: William John Maltby; Claimant: Kathleen Hobbs; Claimant: Wilsco 283 Limited; Defendant: Strutt & Parker (a partnership)
Jurisdiction
England and Wales
Judgment Date
18 March 2008
Procedural Posture
Civil / Post Judgment (costs, Interest, Permission to Appeal)
Outcome
Claimants partially successful; costs apportioned; interest awarded; permission to appeal refused for both sides.
Legal Topics
Costs, Interest, Permission to Appeal, Exaggeration of Claim, Mediation, Measure of Damages
Professional Negligence Civil Procedure Costs Interest Permission to Appeal Exaggeration of Claim Mediation Measure of Damages

Case Brief

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Parties

James Carleton Seventh Earl of Malmesbury

Claimant

William John Maltby

Claimant

Kathleen Hobbs

Claimant

Wilsco 283 Limited

Claimant

Strutt & Parker (a partnership)

Defendant

Procedural Posture

Civil / Post Judgment (costs, Interest, Permission to Appeal)

Legal Issues

  1. 1 Appropriate order for costs given partial success and exaggerated claim
  2. 2 Entitlement to interest and applicable rate
  3. 3 Permission to appeal on findings regarding damages and methodology

Ratio Decidendi

The claimants succeeded on liability and recovered substantial damages, but the claim was grossly exaggerated and they lost on several discrete issues. The court ordered that the claimants recover only a proportion of their costs (59.5% on liability, 68% on damages), pay 15% of the defendants' costs on discrete issues, and bear consequences for their conduct in mediation and exaggeration. Interest was awarded at 2.5% over base rate. Permission to appeal was refused on all grounds for both sides.

Court Disposition

Claimants partially successful; costs apportioned; interest awarded; permission to appeal refused for both sides.

Orders

  • Claimants to pay defendants 15% of liability and damages costs on discrete issues.
  • Claimants to recover 59.5% of liability costs and 68% of damages costs from defendants, as assessed or agreed.