Source: All England Reporter
Publisher Citation: [2012] All ER (D) 235 (Oct)
Neutral Citation: [2012] EWHC 2904 (TCC)
Court: Queen's Bench Division, Technology and Construction Court

Akenhead J

Representation Marc Rowlands QC (instructed by CJ Hough & Co) for the claimant.
  David Head (instructed by Hogan Lovells International LLP) for the defendant.
Judgment Dates: 24 October 2012


Costs - Orders for costs - Discretion - Court entering judgment for defendant company - Claimant company seeking reduction of costs payable on basis of defendant's unwillingness to mediate - Whether defendant's costs should be reduced - CPR 44.3(6)(g).

The Case

Costs Orders for costs. The Technology and Construction Court had previously dismissed the claimant company's action for breach and repudiation of a contract. The claimant sought a reduction of the costs payable on the basis of the successful defendant's unwillingness to engage in mediation. The court found that the defendant had not acted unreasonably and made no reduction to its costs, which were to be assessed on the standard basis.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.