Source: All England Reporter
Publisher Citation: [2015] All ER (D) 32 (Jun)
Neutral Citation: [2015] EWHC 1460 (TCC)
Court: Queen's Bench Division, Technology and Construction Court

Mr Justice Akenhead

Representation David Drake (instructed by Hay & Kilner) for the claimant.
  Andrew Bartlett QC and Isabel Hitching (instructed by DWF LLP) for the defendants.
Judgment Dates: 20 May 2015


Costs - Order for costs - Indemnity costs - Claimant obtaining judgment on substantive matters and quantum being agreed - Parties being unable to agree costs and interest issues - Whether claimant should be awarded indemnity costs.

The Case

Costs Order for costs. In previous proceedings, the claimant, Network Rail, had obtained judgment on all issues of principle, save for one minor issue. Network Rail sought indemnity costs and interest on the damages awarded. The Technology and Construction Court ruled that the defendants would pay their own and the claimant's costs of the proceedings on a standard basis. The costs reserved from the first case management conference would be costs in the case and would be borne by the defendants, given the final costs order. Interest would run from the dates when the expenditure and losses had been incurred until judgment, with no gap, at the agreed interest rates.

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