A A & Ors v Tui UK Ltd & Ors

A A & Ors v Tui UK Ltd & Ors

The costs capping order applies only from 17 January 2005 and is quantified at £881,250, based on reasonable hourly rates and a three-week trial. Costs incurred prior to the order are subject to detailed assessment. The cap is set to ensure proportionality and control excessive costs in group litigation, with liberty to apply for variation if unforeseen circumstances arise.

Parties
Claimant: A A and the other Claimants set out in Schedule 1 to the Order of the Senior Master dated 17 January 2005; Defendant: TUI UK Limited; Defendant: Thomas Cook Tour Operators; Defendant: Sunstar Leisure Limited; Defendant: Travel City Direct; Defendant: Cosmosair PLC
Jurisdiction
England and Wales
Judgment Date
11 August 2005
Procedural Posture
Group Litigation Order (glo) Personal Injury / Costs Capping Quantification
Outcome
Costs capping order quantified at £881,250 from 17 January 2005; liberty to apply for variation; further submissions to be heard on Defendants' costs and consequential orders.
Legal Topics
Costs Capping, Group Litigation Orders, Conditional Fee Agreements, ATE Insurance, Proportionality, Assessment of Costs
Civil Procedure Personal Injury Costs Costs Capping Group Litigation Orders Conditional Fee Agreements ATE Insurance Proportionality +1 more

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Parties

A A and the other Claimants set out in Schedule 1 to the Order of the Senior Master dated 17 January 2005

Claimant

TUI UK Limited

Defendant

Thomas Cook Tour Operators

Defendant

Sunstar Leisure Limited

Defendant

Travel City Direct

Defendant

Cosmosair PLC

Defendant

Procedural Posture

Group Litigation Order (glo) Personal Injury / Costs Capping Quantification

Legal Issues

  1. 1 Whether the Claimants' costs should be capped and at what level
  2. 2 Whether costs incurred prior to the costs capping order are subject to the cap
  3. 3 Appropriate hourly rates for solicitors and counsel

Ratio Decidendi

The costs capping order applies only from 17 January 2005 and is quantified at £881,250, based on reasonable hourly rates and a three-week trial. Costs incurred prior to the order are subject to detailed assessment. The cap is set to ensure proportionality and control excessive costs in group litigation, with liberty to apply for variation if unforeseen circumstances arise.

Court Disposition

Costs capping order quantified at £881,250 from 17 January 2005; liberty to apply for variation; further submissions to be heard on Defendants' costs and consequential orders.

Orders

  • Claimants' costs capped at £881,250 from 17 January 2005
  • Liberty to apply to vary the order in event of unforeseen circumstances