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.