Joanna Lemos & Ors v Church Bay Trust Company Limited & Ors
[2023] EWHC 157 (Ch)
Gattaz Property Limited & Anor. v Versant Developments & Homes Ltd & Ors
27 January 2023
[2023] EWHC 110 (Comm)
High Court
Two companies were fighting in court. The judge looked at how much money each side spent on lawyers. The judge said one side spent too much and made them pay less. The other sides' legal bills were okay.
Key Facts
- •Two claims were heard together: CL-2019-000662 (Development Claim) and CL-2021-000710 (Negligence Claim).
- •Claimants' initial costs schedules contained arithmetical errors, requiring revision.
- •The court considered the Claimants', IGD Defendants', and PM's costs budgets.
- •The Claimants' incurred costs were £676,748.58.
- •The court reviewed costs for disclosure, witness statements, PTR, trial preparation, ADR, and security for costs.
- •The IGD Defendants and PM's costs budgets were also considered.
- •The court awarded costs to the IGD Defendants and PM for dealing with the revised Precedent H.
Legal Principles
Assessment of costs budgets in accordance with the Civil Procedure Rules (CPR).
CPR 3.15A(1)
Reasonableness and proportionality of costs.
Implicit in the judge's assessment
Outcomes
Claimants' revised costs budget approved, subject to reduction in trial preparation and trial phases to £700,000.
The court found the original Claimants' figures too high considering the claim value and trial length, despite acknowledging the complexity and fraud allegations.
IGD Defendants' and PM's costs budgets approved without further deduction.
The court found the budgets reasonable and proportionate.
IGD Defendants and PM awarded costs of £3,500 each for dealing with the Claimants' revised Precedent H.
The court attributed the additional work to errors in the Claimants' initial budget.
The order will record that the approved Claimants' costs budget is a combined budget for two proceedings.
The claims were case managed together and had a joint trial.
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