Schumann & Anor v Wasbrough [2013] EWHC 4070 (QB) (18 December 2013)
The court declined to order interest on costs paid to legal representatives before judgment because such orders are not usual, the costs jurisdiction is inherently imprecise, making such orders would complicate cost assessments and increase litigation costs, and alternative mechanisms exist to address parties being out of pocket.
- Citation
- [2013] EWHC 4070
- Parties
- Claimant: Paul Alfred Schumann; Claimant: Joanne Chinnock; Defendant: Veale Wasbrough; Defendant: Karen Rea
- Jurisdiction
- England and Wales
- Judgment Date
- 18 December 2013
- Procedural Posture
- Civil / Post Judgment Costs Ruling
- Outcome
- Application for pre-judgment interest on costs refused.
- Legal Topics
- Costs, Interest on Costs, Discretionary Orders
Case Brief
Summary, issues, holding and outcome
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Parties
Paul Alfred Schumann
Claimant
Joanne Chinnock
Claimant
Veale Wasbrough
Defendant
Karen Rea
Defendant
Procedural Posture
Civil / Post Judgment Costs Ruling
Legal Issues
- 1 Whether interest should be awarded on costs paid to legal representatives before judgment
Ratio Decidendi
The court declined to order interest on costs paid to legal representatives before judgment because such orders are not usual, the costs jurisdiction is inherently imprecise, making such orders would complicate cost assessments and increase litigation costs, and alternative mechanisms exist to address parties being out of pocket.
Court Disposition
Application for pre-judgment interest on costs refused.
Orders
- Defendants awarded costs subject to detailed assessment if not agreed.
- No interest awarded on costs paid to legal representatives before judgment.
Full Case Text
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