COST BITES 13: A SUMMARY ASSESSMENT OF COSTS IN ACTION: TOO MANY LAWYERS, NO NEED FOR A QC
In Lenkor Energy Trading DMCC v Puri  EWHC 1958 (Comm) the court carried out a summary assessment of the defendant’s costs, the grounds for the reductions are instructive. They show the grounds on which costs are reduced on assessment.
The judge had made various orders relating to a freezing injunction. Each of the parties were entitled to costs in relation to separate issues. The judge then assessed those costs.
THE JUDGMENT ON COSTS
The judge held that the claimant’s costs were reasonable. Reductions were made to the Defendant’s costs.
I adopt the normal principles set out in CPR Part 44 in this regard. Thus, I am to take into consideration the overall event, whether there are some specific issues on which the successful party has lost, and the conduct of the parties. Here, I have concluded that the applicant has succeeded in obtaining relief which was not on offer; and that, although there has not been total success, this is not an appropriate case for reducing costs, particularly since this application was only necessary because of a failure on the part of the Defendant to comply with the terms of HHJ Waksman’s order. Accordingly, I order that the Defendant pays the Applicant’s costs of and occasioned by this application.