AN ACCOUNT OF ON ACCOUNT
The percentage of costs to be stumped up by the paying party on account pending detailed assessment will be case specific. In Excalibur Ventures LLC v Texas Keystone Inc and others [2015] EWHC 566 (Comm), [2015] All ER (D) 109 (Mar), an indemnity costs case, Lord Justice Christopher Clarke condemned the payer to 80%. All relevant factors had to be taken into account, he said, including the likelihood (if it could be assessed) of the receiving party being awarded the costs they sought or a lesser amount and if so what proportion of them; the difficulty, if any, that may be faced in recovering those costs; the likelihood of a successful appeal; the means of the parties; the imminence of any assessment; any relevant delay; and whether the paying party would have difficulty in recovery where there was an overpayment.
In Matrix Receivables Ltd v Musst Holdings Ltd
