Cornwall & Ors v Rowan (No 4)

Cornwall and others brought an action against Rowan and others, which was heard in the Supreme Court. The dispute centred on the costs associated with the litigation, particularly the taxation of those costs. The case was significant because it involved an application by the seventh, eleventh, and twelfth defendants for a lump sum payment of costs rather than having the costs taxed in the usual manner. This application was pursuant to Supreme Court Rule 101.01(1)(a).

The court was required to determine whether an application for a lump sum payment of costs could be made after a sealed order had already been made for the defendants' costs of the action and appeal. Additionally, the court needed to consider whether an application under Supreme Court Rule 84.12 was necessary in such circumstances. The legal issues also included the court's discretion to order a lump sum in lieu of taxed costs, the factors to be considered in awarding a lump sum, and whether there was sufficient evidence to justify fixing a particular lump sum figure.

The court held that it had the discretion to order a lump sum in lieu of taxed costs, particularly when the preparation of a bill in a taxable form was complex and expensive. The court considered various factors relevant to the award of a lump sum, including the nature and complexity of the litigation, the amount of work involved in preparing the bill, and the risk of error in assessing costs. The court concluded that there was sufficient evidence to justify fixing a particular lump sum figure. Accordingly, the court awarded a lump sum of costs to the defendants.

The final orders of the court included the award of a lump sum payment of costs to the seventh, eleventh, and twelfth defendants, reflecting the considerations and reasoning outlined in the judgment.