I am grateful to P.J.Kirby Q.C. for responding to the previous post on costs claimed as damages. The situation is far more complex than the passage cited in the Rentokil case suggests.
THE ISSUE
P.J. asked whether the case of British Racing Club Drivers' Club Ltd -v- Hextall Erskine & Co [1996]...
See also Redbus v Jeffrey Green Russell [2006] EWHC 2938 (Ch). For what my view is worth, such costs should not fall to be reduced by reference to bases of assessment, for the simple reason that they are damages (not costs). There might nevertheless be an argument about a failure to mitigate if the claimant had incurred huge costs where the circumstances did not justify that.