Bank of Ireland (Governors and Company of) & Anor v Watts Group Plc

Bank of Ireland (Governors and Company of) & Anor v Watts Group Plc

Costs are to be assessed on the standard basis except for the defendant's QS expert costs and costs occasioned by Mr Vosser's oral evidence, which are to be assessed on an indemnity basis. The interim payment on account of costs is set at £326,760, reflecting a 15% reduction from the approved costs budget plus additional interlocutory costs.

Parties
Claimant: The Governors and Company of the Bank of Ireland; Claimant: Bank of Ireland (UK) PLC; Defendant: Watts Group PLC
Jurisdiction
England and Wales
Judgment Date
06 October 2017
Procedural Posture
Professional Negligence / Post Trial Costs Judgment
Outcome
Costs assessed on standard basis with specific exceptions for indemnity basis; interim payment ordered.
Legal Topics
Costs Assessment, Indemnity Costs, Standard Costs, Interim Payment, CPR Part 36, Costs Budgeting
Civil Procedure Professional Negligence Costs Assessment Indemnity Costs Standard Costs Interim Payment CPR Part 36 Costs Budgeting

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Parties

The Governors and Company of the Bank of Ireland

Claimant

Bank of Ireland (UK) PLC

Claimant

Watts Group PLC

Defendant

Procedural Posture

Professional Negligence / Post Trial Costs Judgment

Legal Issues

  1. 1 Whether costs should be assessed on an indemnity or standard basis
  2. 2 Appropriate interim payment on account of costs
  3. 3 Whether reductions or allowances in favour of the Bank are justified

Ratio Decidendi

Costs are to be assessed on the standard basis except for the defendant's QS expert costs and costs occasioned by Mr Vosser's oral evidence, which are to be assessed on an indemnity basis. The interim payment on account of costs is set at £326,760, reflecting a 15% reduction from the approved costs budget plus additional interlocutory costs.

Court Disposition

Costs assessed on standard basis with specific exceptions for indemnity basis; interim payment ordered.

Orders

  • Bank to pay Watts’ costs on standard basis except for defendant’s QS expert costs and costs occasioned by Mr Vosser’s oral evidence, which are to be assessed on indemnity basis.
  • Bank to pay interest on costs at 2% over base from 23 October 2015.