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Tchenguiz v Director of the Serious Fraud Office & Ors

2014

COURT OF APPEAL (CRIMINAL DIVISION)

United Kingdom

CORAM

  • LORD JUSTICE JACKSON
  • LADY JUSTICE SHARP
  • LORD JUSTICE VOS

Areas of Law

  • Civil Procedure

AI Generated Summary

Vos LJ, delivering a costs judgment following the Court of Appeal’s main decision on 31 October 2014, addressed Robert Tchenguiz’s twelfth ground of appeal challenging Eder J’s order requiring him to pay the Serious Fraud Office’s costs of a CPR 31.22 application on an indemnity basis. The court rejected any special rule that indemnity costs should be awarded against applicants in all CPR 31.22 applications, reaffirming the wide discretion under CPR 44.3 to award indemnity costs only when circumstances take a case outside the norm. Because Tchenguiz’s application was extraneous to the extant proceedings, required substantial effort from the SFO, and was resisted in the public interest, the court concluded Eder J had ample grounds for the award. RT’s appeal was dismissed, with Lady Justice Sharp and Lord Justice Jackson concurring.