Suzanne Merrills v Secretary of State for Levelling Up, Housing and Communities
[2024] EWHC 1788 (Admin)
CCP Graduate School Ltd v The Secretary of State for Education
29 January 2024
[2024] EWHC 822 (KB)
High Court
The claimant lost the case and has to pay the defendant's legal fees. The judge reduced the amount slightly because the defendant changed their approach during the case without a good reason. The claimant also has to pay a large part of the fees now, even though the full amount will be decided later.
Key Facts
- •CCP Graduate School Ltd (Claimant) brought a claim against the Secretary of State for Education (Defendant).
- •The claim was unsuccessful.
- •The court had to decide on costs orders for various applications and the main claim.
- •The parties agreed on no order as to costs for the claimant's application for permission to appeal and to extend time.
- •The defendant's costs schedule totalled £169,000.
- •The claimant failed to comply with a court direction regarding an interim payment of costs.
Legal Principles
The court has discretion as to whether costs are payable, the amount, and when they are paid.
Civil Procedure Rule 44.2
The general rule is that the unsuccessful party pays the successful party's costs, but the court may make a different order.
Civil Procedure Rule 44.2(2)
The court considers all circumstances, including conduct of parties, partial success, and settlement offers.
Civil Procedure Rule 44.2(4)
The court may make various costs orders (proportionate costs, costs from a certain date, costs relating to a distinct part of proceedings, etc.).
Civil Procedure Rule 44.2(6)
Where costs are subject to detailed assessment, the court will order a reasonable sum on account, unless there is good reason not to.
Civil Procedure Rule 44.2(8)
On a standard basis assessment, unreasonably incurred or excessive costs are disallowed; doubts are resolved in favour of the paying party.
CPR 44.3 and CPR 44.4
Outcomes
The claimant (unsuccessful party) to pay the defendant's costs, subject to detailed assessment.
The claimant was unsuccessful overall, and while succeeding on some sub-issues, these didn't affect the ultimate outcome.
The claimant to pay half the costs for the preparation of spreadsheets and related witness statements by the defendant.
The defendant's modifications to its sub-case, lacking explanation, justified this reduction.
Interim payment of £75,000 on account of costs ordered.
Consideration of the defendant's costs schedule (£169,000), claimant's non-compliance with court directions, and the high claimant's solicitor costs.
Similar Cases
SZ Solicitors (a firm) & Ors v Jaswant Singh Bharj & Anor
[2024] EWCC 5
Daniel McAteer v Hat & Mitre (in liquidation) & Ors
[2024] EWHC 1746 (Ch)
Scenic International Group Limited (In Provisional Liquidation) v Richard Adenaike & Ors
[2024] EWHC 1178 (Ch)
Sportcal Global Communications Limited & Anor v Michael John Laflin
[2023] EWHC 656 (KB)