Scenic International Group Limited (In Provisional Liquidation) v Richard Adenaike & Ors
[2024] EWHC 1178 (Ch)
Benjamin Gilbert & Anor Broadoak Private Finance Ltd (Costs)
1 August 2024
[2024] EWHC 2046 (Comm)
High Court
Two companies fought over court costs. One company (Claimants) got the other company (Defendant) to do something earlier than they wanted. The judge said the first company mostly won, but they asked for too much money for their lawyers' fees. The judge gave the first company some of their lawyer costs back, but not all.
Key Facts
- •Claimants (Benjamin Gilbert and BG Projects Ltd) issued a Directions Application seeking various relief, including a deadline for the Defendant's Defence and debarring orders.
- •The Defendant (BroadOak Private Finance Ltd) opposed the application.
- •HHJ Pelling KC made an order granting some but not all of the Claimants' requests.
- •The court subsequently considered the costs associated with the Directions Application.
Legal Principles
CPR 44.2(a): The successful party to an application should receive their costs.
Civil Procedure Rules
Assessment of costs should consider the relevant guideline hourly rates and proportionality.
Implicit in the judgment's cost assessment.
Outcomes
The Claimants were deemed the successful party in the Directions Application.
The Claimants, through their application, compelled the Defendant to serve a draft Defence and obtained permission to file responsive evidence. The Defendant's arguments against the application were largely unsuccessful.
The Claimants were awarded £21,000 in costs.
The court found the Claimants' initial cost claim excessive and reduced it considering the guideline hourly rates, time spent on tasks, and the overall nature of the application. The court considered various factors including the excessive partner time claimed for letters and emails.
Similar Cases
Saudi Arabian Airlines Corporation v Sprite Aviation No 6 DAC
[2024] EWHC 797 (Comm)
Flavio de Carvalho Pinto Viegas & Ors v José Luis Cutrale & Ors
[2024] EWHC 2778 (Comm)
Suzanne Merrills v Secretary of State for Levelling Up, Housing and Communities
[2024] EWHC 1788 (Admin)
Intersar Al-Balhaa & Anor v RMG Residential Management Group Ltd
[2024] EWHC 229 (KB)