May & Anor v Wavell Group Plc & Anor [2016] EWHC B16 (Costs) (16 June 2016)

May & Anor v Wavell Group Plc & Anor [2016] EWHC B16 (Costs) (16 June 2016)

The proportionate amount of costs recoverable is determined by reference to the five factors in CPR 44.3(5), not by the minimum necessary spend or the method of representation. In this modest claim, reasonable costs assessed at £99,655.74 were disproportionate; the proportionate sum recoverable is £35,000 plus VAT.

Citation
[2016] EWHC B16 (Costs)
Parties
Claimant: Dr Brian May; Claimant: Mrs Anita May; Defendant: Wavell Group Plc; Defendant: Dr Bizarri
Jurisdiction
England and Wales
Judgment Date
16 June 2016
Procedural Posture
Detailed Costs Assessment Following Settlement of Private Nuisance Claim / Judgment on Proportionality of Costs
Outcome
Costs assessed; reasonable costs reduced to proportionate sum.
Legal Topics
Proportionality of Costs, Standard Basis Assessment, Part 36 Offer, Expert Evidence Costs
Civil Procedure Costs Law Private Nuisance Proportionality of Costs Standard Basis Assessment Part 36 Offer Expert Evidence Costs

Case Brief

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Parties

Dr Brian May

Claimant

Mrs Anita May

Claimant

Wavell Group Plc

Defendant

Dr Bizarri

Defendant

Procedural Posture

Detailed Costs Assessment Following Settlement of Private Nuisance Claim / Judgment on Proportionality of Costs

Legal Issues

  1. 1 What is the proportionate amount of costs recoverable under CPR 44.3(2) and (5) following acceptance of a Part 36 Offer in a private nuisance claim?
  2. 2 Does the method of representation affect the reasonableness and proportionality of recoverable costs?
  3. 3 Should costs of drawing the bill be included in the global proportionality assessment?

Ratio Decidendi

The proportionate amount of costs recoverable is determined by reference to the five factors in CPR 44.3(5), not by the minimum necessary spend or the method of representation. In this modest claim, reasonable costs assessed at £99,655.74 were disproportionate; the proportionate sum recoverable is £35,000 plus VAT.

Court Disposition

Costs assessed; reasonable costs reduced to proportionate sum.

Orders

  • Defendants to pay claimants £35,000 plus VAT as proportionate costs.
  • No need for parties to attend handing down of judgment.