Civil way: 18 October 2024

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;