Strand, London, WC2A 2LL
B e f o r e :
|(1) WILLIAM SIMON FATTAL
(2) ELIAS SIMON FATTAL
|- and -
|WALBROOK TRUSTEES (JERSEY) LTD
101 Finsbury Pavement London EC2A 1ER
Tel: 020 7422 6131 Fax: 020 7422 6134
Web: www.merrillcorp.com/mls Email: firstname.lastname@example.org
(Official Shorthand Writers to the Court)
MR T SEYMOUR and P BOWDEN appeared on behalf of the Defendants
Crown Copyright ©
MR JUSTICE CHRISTOPER CLARKE:
(i) an order that the trustees' costs of and incidental to certain parts of the Part 20 claim relating to the property dispute be paid by the Fattal brothers, subject to detailed assessment if not agreed, and that save insofar as they were recovered from the Fattals under that order they should be paid pro rata out of the assets of the Trusts;
(ii) an order that the Fattal brothers' costs in relation to the documentation issue should be paid to them by Walbrook Jersey and WITCO, subject to detailed assessment.
"Every judgment debt shall carry interest from such time as shall be prescribed by the rules of court until the same shall be satisfied."
"(1) Where interest is payable on a judgment pursuant to section 17 of the Judgments Act 1838 or section 74 of the County Courts Act 1834, the interest shall begin to run from the date that judgment is given unless
(a) a rule in another Part or a practice direction makes different provision; or
(b) the court orders otherwise.
(2) The court may order that interest shall begin to run from a date before the date that judgment is given."
"(6) The orders which the court may make under this rule include an order that a party must pay ...
(g) interest on costs from or until a certain date, including a date before judgment."
"Where these rules provide that the court do perform any act then, except where an enactment, rule or practice direction provides otherwise, that act may be performed
(a) in relation to proceedings in the High Court by any judge, Master or district judge of that court."
(a) the paying party has not made an application in accordance with paragraph (1); and
(b) the receiving party commences the proceedings later than the period specified in rule 47.7, the court may disallow all or part of the interest otherwise payable to the receiving party under
(i) section 17 of the Judgments Act 1838 "
A similar provision is made in CPR 47.14(5).
"(1) The receiving party is entitled to the costs of the detailed assessment proceedings except where
(a) the provisions of any Act, any of these Rules or any relevant practice direction provide otherwise; or
(b) the court makes some other order in relation to all or part of the costs of the detailed assessment proceedings.
(2) In deciding whether to make some other order, the court must have regard to all the circumstances including
(a) the conduct of all the parties;
(b) the amount, if any, by which the bill of costs has been reduced; and
(c) whether it was reasonable for a party to claim the costs of a particular item or to dispute that item."
"... principally down to the unusually low recovery rate at 40 per cent obtained by the Fattals, which in itself is exceptional. I note the court has far wider powers to punish exaggerated costs claims than it does exaggerated damages claims and refer to the Purfleet case in the Court of Appeal in the 1990s, which found that a winning party who had exaggerated his damages claim would nevertheless recover all his damages unless the exaggeration has led to an increase in costs. CPR 47.18 is specifically intended to prevent exaggeration of costs. The rationale behind this is that there is a greater danger of exaggeration of costs where the courts are essentially relying on the preparation of one party's supporting documentation. Where costs are knocked down by more than 20 per cent the costs of assessment may be disallowed."
"The effect of a lack of attendance notes is well-known: it produces a situation where a Costs Judge has to guess at the correct level of reasonable costs and in such situations the Costs Judge will always guess low."