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Patricia Mary Wright v HSBC Bank plc

It was appropriate to disallow the defendant bank’s costs where its conduct in relation to disclosure had been lamentable, and to reduce its costs in respect of an issue where it had allowed the claimant to proceed on an incorrect basis.

7 July 2006

Costs fell to be determined following a decision giving judgment in favour of the defendant bank (H) in a claim brought against it by the claimant (W). The court had found that W’s claim failed on the ground that she had agreed a settlement of her claims. W submitted that she should not be ordered to pay H’s costs on the ground of H’s conduct in the action. She argued that H had failed to cooperate in the conduct of the case; that almost 21 months had elapsed before the case reached trial; that a wasted costs order should be made on account of the fact that she had not been warned by H that she had been relying on irrelevant rules; and that H had acted unreasonably in response to directions for mediation.

HELD: Appeal dismissed

In determining costs, the court had to have regard to the normal rules contained in CPR Part 44, as well as the conduct of the parties and the success or failure of particular issues. It was clear that some aspects of H’s conduct throughou...

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