KING'S BENCH DIVISION
Strand, London, WC2A 2LL |
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B e f o r e :
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(1) Rashpal Samrai (2) Kashmir Sahota (3) Harprit Dilbeher (4) Mandeep Dilbeher (5) Joginder Singh (6) Tarsem Singh (7) Sukhdev Kaur |
Claimants |
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- and - |
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Rajinder Kalia |
Defendant |
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-and- |
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(1) Peacock & Co Solicitors Ltd (2) Mark Simeon Jones |
Respondents |
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Mr Ingham, Direct Access Counsel for the Second to Seventh Claimants
Ms Crowther KC and Mr Clarke (instructed by Kingsley Napley LLP) for the Defendant
The Respondents did not appear and were not represented
Hearing date: 4th June 2025
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Crown Copyright ©
MR JUSTICE MARTIN SPENCER:
Introduction
i) The basis for the detailed assessment of costs;
ii) The extent to which the Defendant may enforce costs in his favour in respect of the First to Fourth Claimants' claims where those claims included claims for personal injury and therefore prima facie enjoy costs protection;
iii) Whether there should be interim payments on account of costs and, if so, whether they should be immediately enforceable.
Basis of Assessment
Enforcement of Costs in respect of the First to Fourth Claimants: QOCS
"(1) Subject to rules 44.15 and 44.16, orders for costs made against the Claimant may be enforced without the permission of the court but only to the extent that the aggregate amount in money terms of such orders does not exceed the aggregate amount in money terms of any orders for, or grievance to pay or settle a claim for, damages, costs and interest made in favour of the claimant."
"(2) Orders for costs made against the claimant may be enforced up to the full extent of such orders with the permission of the court and to the extent that it considers just where …
(b) a claim is made for the benefit of the claimant other than a claim to which this section applies."
Interim Payments on Account of Costs