Safety Net Security v Coppage

[2013] EWCA Civ 562

Case details

Case citations
[2013] EWCA Civ 562
Court
Court of Appeal (Civil Division)
Judgment date
5 March 2013
Judgment text

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Subjects
Civil procedure Summary assessment of costs
Keywords
costs summary assessment partial conditional fee arrangement broad-brush assessment successful respondent
Outcome
appeal dismissed; respondent's costs summarily assessed at £25,000
Judicial consideration

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Summary

Following dismissal of an appeal, the successful respondent was entitled to its costs. On a summary assessment, the court adopted a broad-brush approach, taking account of the statement of costs, excessive attendances and a partial conditional fee arrangement. The costs were assessed at a figure below the sum claimed.

Factual background

This was a costs judgment following the dismissal of an appeal from the Mercantile Court. The respondent sought summary assessment of costs totalling approximately £28,500, including travelling expenses and an element reflecting a partial conditional fee arrangement. The central issue was the appropriate amount of costs to be awarded and assessed.

Held

  1. The appeal had been dismissed. The respondent was therefore awarded its costs.
  2. The court summarily assessed those costs. It considered the statement of costs as a whole, including the proposed success fee arrangement and the fact that some attendance figures appeared too high.
  3. The assessment necessarily involved a broad-brush exercise. The claimed costs of £28,356, together with travelling expenses of £258, were reduced to £25,000.
  4. The court suggested that the assessed costs should be paid within 21 days.

The court’s approach to earlier authorities

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Appellate history

  • Court of Appeal (Civil Division): The appeal from the Mercantile Court was dismissed. In this subsequent costs judgment, the respondent was awarded costs summarily assessed at £25,000.

Lower court decision

Judgment appealed:
Not stated in the judgment
Outcome:
appeal dismissed; respondent's costs summarily assessed at £25,000

Key cases cited

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Cases citing this case

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