Bowen-Jones v Bowen-Jones (1986)

Summary

Indemnity basis costs taxation

Facts

As to principles on which costs should be awarded to successful party on an administration summons.

Held

Under RSC O.62 there were now a costs on the standard basis allowing a reasonable amount on all costs reasonably incurred b costs on the indemnity basis allowing all costs except those which were unreasonable in amount or were incurred unreasonably.The other bases for costs had been amalgamated into these two categories by RSC (Amendment) 1986 SI.632. Following Barclays Bank Trust Co Ltd(No.2)(1980)2 All ER 92,98 the practice of paying party & party costs in fiduciary,contractual or tortious wrongdoing cases would be continued. This meant awarding costs on the standard basis.