Baxter v Boshell

The case of Baxter v Boshell involved a dispute between the plaintiff, Baxter, and the defendant, Boshell, over costs incurred during the litigation process. The plaintiff had failed to comply with specific directions provided by the court regarding the filing of expert liability evidence. This default led to two separate directions hearings being held, which were necessary to address the plaintiff's non-compliance. The central issue before the court was determining whether the plaintiff or the defendant should bear the costs associated with these two directions hearings.

The court examined the circumstances leading to the plaintiff's default and the necessity of the directions hearings. It was established that the plaintiff's failure to adhere to the court's directions was a direct result of their own actions. Given this, the court considered the implications of the plaintiff's non-compliance and the resultant need for additional hearings. The court concluded that the plaintiff's failure to comply with the directions was a significant factor in the proceedings, thereby impacting the overall management and progression of the case.

In its decision, the court ruled that the costs of the two directions hearings should be borne by the defendant. This decision was based on the court's assessment that the plaintiff's non-compliance with the directions was a fundamental issue that necessitated the hearings. As such, the court found it appropriate to allocate the costs to the defendant, as the plaintiff's actions had directly contributed to the need for additional court involvement. Consequently, the court ordered that the defendant would be responsible for the costs of the two directions hearings in the proceedings.