HT-2023-000006 - [2024] EWHC 2914 (TCC)

Fecha: 15-Nov-2024

Allocation of Costs 18 June 2024 to date

114.

I have separated out this period because it seems to me that during this period the Court has been dealing with:

Ancillary matters as to interest;

Sundry issues as to such matters as Mr Smith’s fees;

The costs consequences in respect of the period to 4 December 2023;

The costs consequences in respect of the period 4 December 2023 to 1 March 2024;

(A new matter) issues relating to A & V’s application for a Third Party Debt Order.

115.

I do not think it would be appropriate to simply say that, as a matter of chronology, all these costs followed the 8 February 2024 offer and that A & V should pay J&BH’s costs.

116.

In my view, both Parties have had successes and failures in this time period relating to matters connected with the history of these proceedings both before and after J&BH’s successful 8 February 2024 offer:

As to interest, A & V had substantial successes as to the rates and statutory basis upon which interest should be awarded;

A & V failed in an attempt to go behind the previous agreement as to the amount already paid;

J&BH failed in an attempt to reduce the amount payable by reference to CIS deductions;

J&BH has failed in an attempt to persuade the Court that it should not bear the costs of this action up to 4 December 2023;

J&BH has mainly failed in an attempt to persuade the Court that it should not bear A & V’s costs of this action between 4 December 2023 and 1 March 2024, and, on the contrary, I have decided that J&BH should pay those costs: however, a contrary allowance in A & V’s favour has led to a net figure in J&BH’s favour, mainly because of the very low hourly figure allowed to a litigant in person;

A & V has failed in an attempt to persuade the Court that it should not bear the costs of this action between 1 March 2024 and 18 June 2024, and, on the contrary, I have decided that A & V should pay those costs;

J&BH has brought an application for a Debt Management Order: I have not as yet dealt with that matter.

117.

In my judgment, I should deal with the Third Party Debt Order as being a separate matter from the other matters which were ancillary to the proceedings in which this judgment is being given.

118.

Having regard to the successes and failures of both Parties, I hold that, leaving on one side at this point the order to be made in respect of the costs relating to the Third Party Debt Order, the just order in respect of the period from 18 June 2024 to date is that there should be no order as to costs.