Robin Simon Graham Makin (formerly known as X) v The Transcription Agency LLP & Anor

Robin Simon Graham Makin (formerly known as X) v The Transcription Agency LLP & Anor

The claimant's conduct in pursuing unfounded and aggressive allegations against both defendants and their legal representatives was out of the norm, justifying indemnity costs. There was no misconduct by the defendants to displace the general rule that costs follow the event. Interim payments on account of costs are appropriate based on the defendants' costs budgets.

Parties
Claimant: Robin Simon Graham Makin; First Defendant: The Transcription Agency LLP; Second Defendant: Master Jennifer James
Jurisdiction
England and Wales
Judgment Date
08 January 2024
Procedural Posture
Civil / Costs Judgment After Trial
Outcome
Claimant to pay the costs of each defendant on the indemnity basis; interim payments on account of costs ordered.
Legal Topics
Subject Access Requests, Costs, Indemnity Costs, Judicial Exemption, Legal Professional Privilege
Data Protection Civil Procedure Subject Access Requests Costs Indemnity Costs Judicial Exemption Legal Professional Privilege

Case Brief

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Parties

Robin Simon Graham Makin

Claimant

The Transcription Agency LLP

First Defendant

Master Jennifer James

Second Defendant

Procedural Posture

Civil / Costs Judgment After Trial

Legal Issues

  1. 1 Whether the defendants were entitled to rely on the judicial exemption to refuse the claimant's subject access requests under the Data Protection Act 2018 and UK GDPR
  2. 2 Whether costs should follow the event and if indemnity costs are justified against the claimant
  3. 3 Whether interim payments on account of costs should be ordered and in what sums

Ratio Decidendi

The claimant's conduct in pursuing unfounded and aggressive allegations against both defendants and their legal representatives was out of the norm, justifying indemnity costs. There was no misconduct by the defendants to displace the general rule that costs follow the event. Interim payments on account of costs are appropriate based on the defendants' costs budgets.

Court Disposition

Claimant to pay the costs of each defendant on the indemnity basis; interim payments on account of costs ordered.

Orders

  • Claimant to pay the first defendant's costs on the indemnity basis.
  • Claimant to pay the second defendant's costs on the indemnity basis.