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Costs: Sir Henry Royce Memorial Foundation v Mark Gregory Hardy [2021] EWHC 817 (Ch) - Harry Peto, Temple Garden Chambers

20/04/21. The general law is that costs are in the discretion of the court, but if the court makes a costs order, the general rule is that the unsuccessful party in the proceedings pays the costs of the successful party – CPR r.44.2.

The Defendant argued that the Claimant failed to succeed on all matters. The Judge held that this did not matter and that the Claimant should receive their costs on account of succeeding on the claim

Basis of Assessment

The Claimant sought costs on an indemnity basis, relying on Excelsior Commerical and Industrial Holdings Ltd v Salisbury Hammer Aspen and Johnson [2002] EWHC Civ 67: some conduct or circumstance which takes the case out of the norm.

In support of its position, the Claimant pointed to the fact that the Defendant took every possible point and used offensive language in correspondence. Further, the Defendant had breached case management orders, adduced irrelevant evidence, sent excessive correspondence, and made serious allegations of deceiving the court, perverting the course of justice and fraud which were...

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