Schumann & Anor v Wasbrough [2013] EWHC 4070 (QB) (18 December 2013)

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, citing that such orders are not usual, the costs jurisdiction is inherently imprecise, such orders would complicate cost assessments and generate further costs, and alternative mechanisms exist to prevent parties from being out of pocket for long periods.

Citation
[2013] EWHC 4070 (QB)
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
Civil Procedure Costs Interest on Costs Discretionary Orders

Case Brief

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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. 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, citing that such orders are not usual, the costs jurisdiction is inherently imprecise, such orders would complicate cost assessments and generate further costs, and alternative mechanisms exist to prevent parties from being out of pocket for long periods.

Court Disposition

Application for pre-judgment interest on costs refused.

Orders

  • Defendants to have their costs, subject to detailed assessment if not agreed.
  • No interest awarded on costs paid to legal representatives before judgment.