Peter Jenkins v Thurrock Council

Peter Jenkins v Thurrock Council

The Claimant maintained an unrealistic and disproportionate costs budget despite opportunities to modify it, resulting in unnecessary expenditure of court and party resources. The court found the Claimant's conduct justified an order for him to pay the Defendant's costs of the Costs Management Hearing, and capped recoverable costs for budget preparation by 35%.

Parties
Claimant: Mr Peter Jenkins; Defendant: Thurrock Council
Jurisdiction
England and Wales
Judgment Date
09 September 2024
Procedural Posture
Personal Injury / Costs Management Hearing
Outcome
Claimant to pay Defendant's costs of and occasioned by the Costs Management Hearing on 17 July 2024.
Legal Topics
Costs Management, Budgeting, Proportionality, Conduct
Civil Procedure Personal Injury Costs Management Budgeting Proportionality Conduct

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Peter Jenkins

Claimant

Thurrock Council

Defendant

Procedural Posture

Personal Injury / Costs Management Hearing

Legal Issues

  1. 1 Whether the Claimant's costs budget was proportionate and realistic
  2. 2 Appropriate costs order following significant reductions to Claimant's budget

Ratio Decidendi

The Claimant maintained an unrealistic and disproportionate costs budget despite opportunities to modify it, resulting in unnecessary expenditure of court and party resources. The court found the Claimant's conduct justified an order for him to pay the Defendant's costs of the Costs Management Hearing, and capped recoverable costs for budget preparation by 35%.

Court Disposition

Claimant to pay Defendant's costs of and occasioned by the Costs Management Hearing on 17 July 2024.

Orders

  • Claimant to pay Defendant's costs of the Costs Management Hearing.
  • Claimant's recoverable costs for budget preparation capped by 35%.