Associated Newspapers Ltd v Buckingham Group Contracting Ltd (Cost Budgeting) [2022] EWHC 2767 (TCC) (02 November 2022)

Associated Newspapers Ltd v Buckingham Group Contracting Ltd (Cost Budgeting) [2022] EWHC 2767 (TCC) (02 November 2022)

The claimant's estimated costs are disproportionate to the issues in the case, even considering the likely claim value and complexity. The costs should be reduced by about 15%, with the claimant to submit a revised budget reflecting this reduction.

Citation
[2022] EWHC 2767 (TCC)
Parties
Claimant: Associated Newspapers Limited; Defendant / Part 20 Claimant: Buckingham Group Contracting Limited; Third Party: Amtrust Europe Limited; Fourth Party: Zurich Insurance PLC; Fifth Party: Lavenham Underwriting Limited, Sampford Underwriting Limited, GAI Indemnity Limited (Lloyds Syndicate 2468); Sixth Party: Liberty Mutual Insurance Europe SE
Jurisdiction
England and Wales
Judgment Date
02 November 2022
Procedural Posture
Civil (technology and Construction Court) / Costs and Case Management Conference (cost Budgeting Judgment)
Outcome
Claimant's costs budget to be reduced by approximately 15%. Claimant to submit a revised budget accordingly.
Legal Topics
Cost Budgeting, Professional Negligence, Indemnity Insurance, Differential Settlement, Remedial Works, Proportionality of Costs
Construction Law Insurance Law Civil Procedure Cost Budgeting Professional Negligence Indemnity Insurance Differential Settlement Remedial Works +1 more

Case Brief

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Parties

Associated Newspapers Limited

Claimant

Buckingham Group Contracting Limited

Defendant / Part 20 Claimant

Amtrust Europe Limited

Third Party

Zurich Insurance PLC

Fourth Party

Lavenham Underwriting Limited, Sampford Underwriting Limited, GAI Indemnity Limited (Lloyds Syndicate 2468)

Fifth Party

Liberty Mutual Insurance Europe SE

Sixth Party

Procedural Posture

Civil (technology and Construction Court) / Costs and Case Management Conference (cost Budgeting Judgment)

Legal Issues

  1. 1 Whether the claimant's costs budget is reasonable and proportionate
  2. 2 Extent of liability for alleged construction defects
  3. 3 Scope of indemnity under professional indemnity insurance

Ratio Decidendi

The claimant's estimated costs are disproportionate to the issues in the case, even considering the likely claim value and complexity. The costs should be reduced by about 15%, with the claimant to submit a revised budget reflecting this reduction.

Court Disposition

Claimant's costs budget to be reduced by approximately 15%. Claimant to submit a revised budget accordingly.

Orders

  • Claimant to return with a revised costs budget reduced by about 15%.
  • Court approves the costs budgets of BGCL and the Collier Insurers as unopposed and reasonable.