||All England Reporter
|| All ER (D) 408 (Nov)
|| EWHC 2429 (TCC)
||Queen's Bench Division (Technology and Construction Court)
Judge Peter Coulson QC
||David Sears QC and James Leabeater (instructed by Berwin Leighton) for the claimant.
||Marcus Taverner QC (instructed by Gateley Wareing) for the defendant.
||4 November 2005
Costs - Order for costs - Discretion - Payment into court - Claimant seeking to accept payment into court out of time and after draft judgment handed down to parties - Whether claimant entitled to its costs - Civil Procedure Rules 1998, SI 1998/3132, CPR Pt 36.
Where the claimant sought to accept a payment into court out of time on the day that the draft judgment determining the preliminary issues between the parties was handed down, the court ruled that it was unrealistic and unreasonable to ask the court to dispose of costs by ignoring the clear result of the only substantive hearing between the parties. The defendant was the successful party in respect of both the dismissed heads of claim and the preliminary issues and there would have to be some clear principle or rule that could deprive it of those costs. There was no such principle or rule in the instant case in the light of the late acceptance of the payment in.
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