SENIOR COURTS COSTS OFFICE
London, EC4A 1DQ
B e f o r e :
| 1. DIAL PARTNERS LLP
2. DIAL HOUSE CONSULTANTS LTD
- and –
|1. EASTERN AIRWAYS INTERNATIONAL LIMITED
2. BRYAN HUXFORD
3. RICHARD LAKE
Mr Shail Patel (instructed by Eversheds Sutherland) for the Defendants
Hearing dates: 5 September 2017, 4 October 2017
Crown Copyright ©
Master James :
"They could do so on the ground, as the Chief Justice correctly held, that that amendment had come into existence subsequent to the making of the costs basis and so could be disregarded by the paying party if he wished."
|28 Sept 2015||Defendant's offer||£155,000 (Part 36 offer)|
|9 September 2016||Claimant's offer||£1,250,000 plus costs (Calderbank offer)|
|7 October 2016||Defendant's offer||£350,000 incl. costs and interest (Calderbank offer)|
|21 October 2016||Defendant's offer||£300,000 plus costs (Part 36 offer, relevant period expired 11.11.16)|
i) There is a need for Paying Parties to raise a genuine issue before any investigation into the reason for the change in funding, advice given etc., will be undertaken (see paragraph 110).
ii) Foskett J warns against a detailed assessment becoming "…an arena for a wide-ranging inquiry into the decision-making processes as between the Claimant and his Solicitors…" (paragraph 99 refers).