South Coast Shipping Co Ltd v Havant Borough Council - Chancery Division (Pumfrey J with Assessors) - 21 December 2001

Costs - Detailed assessment - Whether receiving party in breach of indemnity principle - Whether presumption that receiving party was liable to pay solicitors’ costs - Fairness of assessment procedure where disputed issues of fact - Legal professional privilege - Impact of Human Rights Convention

A dispute between South Coast Shipping Co Ltd ("South Coast") and Havant Borough Council ("Havant") was submitted to arbitration. A final award was published in November 1994. Havant appealed to the Official Referee, which resulted in the remission of part of the claim to the arbitrator, who subsequently affirmed his Award. Further applications to the court were made resulting in a further order of the Official Referee and of the Court of Appeal. Havant were in substance unsuccessful and were ordered to pay South Coast's costs.