Kellie & Anor v Wheatley & Lloyd Architects Ltd

Kellie & Anor v Wheatley & Lloyd Architects Ltd

The claimants must pay all of the defendant’s costs, to be assessed on the standard basis, because the unsuccessful defences did not materially increase costs and the claimants' conduct, while unwise, was not unreasonable to a high degree so as to justify indemnity costs. The interim payment on account of costs should be increased to £90,000, reflecting the approved costs budget and the extended trial length.

Parties
Claimant: Peter Kellie; Claimant: Kelly Kellie; Defendant: Wheatley & Lloyd Architects Limited
Jurisdiction
England and Wales
Judgment Date
27 August 2014
Procedural Posture
Civil / Post Trial Costs Ruling
Outcome
Claimants to pay all defendant’s costs, assessed on the standard basis; interim payment increased to £90,000.
Legal Topics
Costs, Indemnity Costs, Standard Costs Assessment, Proportionality, Expert Evidence
Civil Procedure Professional Negligence Costs Indemnity Costs Standard Costs Assessment Proportionality Expert Evidence

Case Brief

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Parties

Peter Kellie

Claimant

Kelly Kellie

Claimant

Wheatley & Lloyd Architects Limited

Defendant

Procedural Posture

Civil / Post Trial Costs Ruling

Legal Issues

  1. 1 Whether claimants should pay more than 90% of defendant’s assessed costs
  2. 2 Whether costs should be assessed on the indemnity basis
  3. 3 Whether further interim payment on account of costs should be ordered

Ratio Decidendi

The claimants must pay all of the defendant’s costs, to be assessed on the standard basis, because the unsuccessful defences did not materially increase costs and the claimants' conduct, while unwise, was not unreasonable to a high degree so as to justify indemnity costs. The interim payment on account of costs should be increased to £90,000, reflecting the approved costs budget and the extended trial length.

Court Disposition

Claimants to pay all defendant’s costs, assessed on the standard basis; interim payment increased to £90,000.

Orders

  • Claimants to pay all of defendant’s costs, subject to detailed assessment on the standard basis if not agreed.
  • Claimants to pay £90,000 on account of costs.