Various Claimants v WM Morrison Supermarkets Plc

Various Claimants v WM Morrison Supermarkets Plc

Although the Claimants succeeded overall on vicarious liability, the bulk of the costs and trial time related to direct liability claims on which they failed. The court, exercising its discretion, determined that a proportionate costs order best reflects the justice of the case, awarding the Claimants 40% of their...

Source-derived case information.

Parties
Claimant: Various Claimants; Defendant: Wm Morrison Supermarkets PLC
Jurisdiction
England and Wales
Judgment Date
16 May 2018
Procedural Posture
Group Litigation / Civil / Post Trial Costs Ruling
Outcome
Claimants awarded 40% of their costs of the action, to be assessed if not agreed.
Legal Topics
Costs Orders, Vicarious Liability, Direct Liability, Misuse of Private Information, Breach of Confidence
Civil Procedure Data Protection Tort Law Equity Costs Orders Vicarious Liability Direct Liability Misuse of Private Information +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Various Claimants

Claimant

Wm Morrison Supermarkets PLC

Defendant

Procedural Posture

Group Litigation / Civil / Post Trial Costs Ruling

Legal Issues

  1. 1 Whether the Claimants are entitled to all, part, or none of their costs given partial success on vicarious liability and failure on direct liability
  2. 2 Whether a proportionate costs order should be made reflecting the parties' relative success on distinct issues

Ratio Decidendi

Although the Claimants succeeded overall on vicarious liability, the bulk of the costs and trial time related to direct liability claims on which they failed. The court, exercising its discretion, determined that a proportionate costs order best reflects the justice of the case, awarding the Claimants 40% of their costs of the action, to be assessed if not agreed.

Court Disposition

Claimants awarded 40% of their costs of the action, to be assessed if not agreed.

Orders

  • Defendant to pay 40% of Claimants' costs of the action, to be assessed if not agreed.
  • Counsel to draw up the appropriate order for approval.