Judgment
Mr Justice Eder:
On 20 October 2014 I delivered my main Judgment in these proceedings. In summary, I upheld the claimants’ claim for Business Interruption (“BI”) losses and also interest (which I assessed in the sum of 5% p.a.). Thereafter, the parties agreed an order reflecting the terms of that Judgment. In summary, the broad result of my Judgment as reflected in that order was that the claimants were entitled to recover damages inclusive of interest in the sum of £1,090,021.02 from the defendant. Given that the defendant had previously made payments on account of £383,000 (1 June 2013) and £430,000 (3 February 2014), this left an outstanding balance due pursuant to the Judgment of £277,021.02.
Of these sums, the amount of principal due in respect of BI losses amounted to £568,670 gross. This was the sum which the parties calculated was due and payable in respect of such losses in accordance with my Judgment.
This present Judgment concerns costs. I heard the parties’ submissions in that regard on 10 November 2014. At the end of that hearing, I informed the parties of my decision. My reasons are set out below.
It was common ground that the Court had a discretion as to costs as regulated, in effect, by CPR44.2 . In essence, Mr Slade QC on behalf of the claimants, submitted that under CPR 44.2 (2)(a), the general rule is that the unsuccessful party will be ordered to pay the costs of the successful party; that there are no relevant Part 36 offers to be considered or any other matters which should persuade the court to depart from this general rule so as to deprive the claimants of any part of their costs; and that the claimants should have interest paid on their costs until judgment.
I accept that under CPR 44.2 (2)(a) the general rule is as stated by Mr Slade although, as expressly contemplated by CPR44(2) (2)(b), the Court may make a different order. I also accept, of course, that the claimants here are properly regarded as the successful party in these proceedings. In that context, I was referred to a number of authorities including the decision of Gloster J in HLB Kidsons v Lloyds Underwriters [2008] 3 CLR 427 , in particular at paras 10-11 where she stated as follows:
“ 10. The principles applicable as to costs were not in contention. The court's discretion as to costs is a wide one. The aim always is to "make an order that reflects the overall justice of the case" ( Travellers' Casualty v Sun Life [2006] EWHC 2885 (Comm) at para 11
