Costs
Estate of Euan McIntyre Lindsay (deceased) and another v Outlook Finance Ltd (in liquidation) and another [2025] EWHC 3241 (KB)
The King’s Bench Division ruled on consequential matters following the setting aside of a 2014 judgment (the Manchester judgment) obtained by fraud. The court had previously established that the judgment should be set aside against both Outlook Finance Ltd (first defendant) and Mr Butcher (second defendant) due to fraud perpetrated by Derek Fradgley (deceased), even though Mr Butcher was not complicit in the fraud. On costs, the court awarded the Lindsay family (claimants) their costs on the standard basis, subject to a 25% reduction to account for their initially unfounded allegations of fraud against Mr Butcher. The court ordered repayment of previously paid costs from the Manchester proceedings and set aside the earlier cost assessment. Permission to appeal was granted on the point of whether the equitable jurisdiction to set aside a judgment extends to setting it aside against a non-fraudulent party, but refused on the second ground concerning
