The claimant's conduct, including failure to provide full and frank disclosure, delay in making the application, and not informing the court of material facts, was out of the norm and justifies an order for indemnity costs.
The court ordered the costs of a failed Early Neutral Evaluation to be costs in the case, refusing indemnity costs and declining to shift costs of the costs application.
Costs judgment in four linked judicial review claims. Barclays’ recoverable costs were reduced by 8%; Santander, NatWest and Vanquis recovered their costs in full.
Permission to apply for judicial review was refused because the claim against the Home Office was premature, no final deportation decision had been made, and alternative remedies existed. The claims against the Secretary of State for Justice regarding prison categorisation and HDC were lawfully based on ongoing deportation proceedings, with no exceptional circumstances established. No arguable merit was found in any grounds, so extension of time and interim relief were also refused.
The respondent's conduct did not meet the threshold for a costs award under EAT Rules; the appeal's success alone is not sufficient reason to award costs.
The High Court upheld an award of £794.40 for interpreter services, holding that no breakdown of the invoice was required and the fee was reasonably assessed.
Claimant entitled to costs up to and including default judgment on standard basis; claimant to pay Mr Watkins' costs up to and including first hearing on standard basis; Mr Watkins to pay costs of second disclosure application and redetermination relating to him on standard basis due to disclosure failures and inaccurate evidence, but not on indemnity basis as no dishonesty found; no change to interest rate or period absent appeal or timely application to set aside.
Costs orders must reflect both the outcome of the trial and the conduct of the parties in interim applications. Where a party is successful at trial, they are generally entitled to their costs unless conduct justifies a reduction. Indemnity costs are justified only where conduct is outside the norm. For interim applications, costs may be reserved to trial and determined in light of the overall outcome and conduct. Where interim relief is obtained but the claim fails, or vice versa, the court must balance justice and proportionality in allocating costs, including reductions for partial success…