My understanding of it was that the £100k actually had to be lodged with SISU's solicitors against possible costs, prior to commencing the action (sort of an escrow, in effect). So in essence these funds were simply released. If they hadn't been, I presume that SISU's solicitors would have been in trouble as much as SISU themselves.
The next £150k by 8th August will be mildly interesting - will SISU drag it out? It will be accruing interest, so in theory it would make sense to pay it ASAP, but it's SISU so who knows!
Thats what the court document says duffer, the judge ordered that the funds held by sisus solicitors be released.
The Claimants shall release to the Defendant within 7 days of service of this Order the
sum of £100,000, together with interest accrued thereon, which is held by the Claimants
solicitors as security for the Defendant's costs, in part satisfaction of the order in
paragraph 5 hereof.
and
The Claimants accept that, in principle, a payment on account of costs should be made.
The Defendant has indicated that its actual costs exceed £580,000. The Claimant has
raised issues, especially concerning the costs of the second Leading Counsel and
expert. It has offered £100,000. However, in my view, the Defendant will recover in
excess of £250,000; and I have made an order in that sum. I have directed that, in part
payment of that, the sum held on security for costs is released.
I find them complaining about the costs of the second lawyer for the council amusing when they had a full team of lawyers.
