Guerrero & Ors v Monterrico Metals Plc & Anor

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.