Guerrero & Ors v Monterrico Metals Plc & Anor [2010] EWHC 160 (QB)

Case No HQ09X023312010] EWHC 160 (QB)
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Venue Royal Courts of Justice, Strand, London, WC2A 2LLDate 12 February 2010
Before
MRS JUSTICE GLOSTER, DBE
Between
MARIO ALBERTO TABRA GUERREROClaimants& OTHERSClaimant(1) MONTERRICO METALS PLCDefendants
Ms. Catharine Otton-Goulder QC, Richard Hermer Esq, QC & Guy Vassall-Adams Esq(instructed by Leigh Day & Co) for ClaimantsStephen Phillips Esq, QC and David Simpson Esq(instructed by Lawrence Graham LLP) for DefendantsHearing Hearing dates: 8 th and 9 th July 2009;Further written submissions: 24 th July 2009 and 27 th July 2009
JUDGMENTRuling: on Claimants’ application for assessment of costsMrs Justice Gloster, DBE:
[1]Despite my previous indication that I would summarily assess the Claimants’ costs of and incidental to the hearings before Burton J (2 June 2009), Irwin J (16 June 2009) and myself (8/9 July 2009), in the light of the subsequent correspondence between the parties and the court, I have decided that it would in fact be inappropriate for me to do so. The correspondence shows that various material issues arise as to whether particular items of cost are genuinely to be regarded as costs of and incidental to those hearings, or whether they should be more appropriately treated as general costs of the action.[2]Accordingly, I consider that it is more appropriate that such matters should be the subject of a detailed assessment by the Costs Judge.[3]However, I consider that, in place of a summary assessment, it is appropriate, in all the circumstances, to make an interim order against Monterrico for a payment of costs on account, in the sum of £100,000. Such sum is to be paid within 21 days.