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Light On Line Ltd & Anor v Zumtobel Lighting Ltd [2012] EWHC 3376 (QB) (29 November 2012)

Posted: in by Michelle Barron.

The appeal was allowed. The decision that the Claimants failed to comply with CPD 32.5(2)(c) by serving a redacted insurance certificate was set aside. The decision not to grant relief from sanctions for failing to serve the insurance certificate in accordance with the CPR and the CPD was set aside and the Claimants’ application for relief from sanctions is granted. The allowance of 40% and 20% success fees for solicitors and counsel respectively were set aside and replaced with success fees of 67% and 60%. Anything remaining to be done in the detailed assessment of costs including the insurance premium claimed at Item 62 of the Bill of Costs and the assessment of the Claimants’ costs of the appeal which are ordered to be paid by the Defendant were remitted to Master Campbell or, if not practicable, to another Costs Judge. For the avoidance of doubt, Master Campbell was to have full discretion as regards the costs of the detailed assessment save that the Defendant is to pay the Claimants their costs of the appeal.

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