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Disapplying fixed costs because of unreasonable behaviour

5th February 2020

Disapplying fixed costs because of unreasonable behaviour

Emedo v AIG Europe Limited [Medway County Court] 4.2.20

In a fixed costs RTA claim for credit hire, D alleged that C had failed to comply with an Unless Order to provide specific disclosure, and applied to strike out the claim.

The Judge determined that C had complied with the terms of the order.  C applied to dis-apply the fixed costs regime concerning the costs of the application, on the basis of D’s unreasonable conduct.

The Judge noted that D had failed to respond to multiple enquiries from C as to the nature of the default they alleged and D had written to the court concerning the alleged default but failed to send copies to C.

The Judge determined that such conduct was contrary to the overriding objective to assist the parties and the court to clarify the issues, and amounted to unreasonable conduct.  The use of senior counsel was understandable given the nature of the application.  D was ordered to pay the costs of their application on an indemnity basis.

Colm Nugent was instructed to deal with the application and costs issues on behalf of C.

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