Summary determination of costs

Summary Determination Of Costs Without A Trial

“D8 could have insisted on taking the matter to a trial on the issue of costs, yet when the Judge asked whether that would be required, D8, as with C, agreed to a summary determination of the position. Thus, the deprivation of a trial on the remaining issue of costs was caused proximately by D8 not demanding directions for a trial. That is not a criticism of D8’s position generally, but it is an answer to the narrow point that D8 was deprived of a trial as a result of the form of the Part 36 offer.”

Fouladi v Darout Ltd & Ors [2019] EWHC 1674 (Ch)

Bullock order upheld on appeal

Mr Justice Henry Carr dismissed an appeal against the making of a Bullock order against three of four defendants to a noise nuisance claim finding that the judge was entitled, “and indeed obliged” to look at all the circumstances of the case including “the reasonableness of the initial decision by the Claimant to join the Fourth Defendant as a party to the action, but also the entire conduct of the proceedings.”

Bullock Order

Bullock Orders: an examination of the “Bullock” principles on a High Court appeal

The High Court overturned a partial “Bullock” Order and substituted it for a full one on grounds that the District Judge was wrong to treat two elements of the claim against three defendants as “perfectly independent causes of action” where the breaches of duty alleged were “in no way connected”, finding that the Claimant acted reasonably in suing all three defendants,”who were blaming one another”