Infiniteland Ltd v Artisan Contracting Ltd [2005] EWCA Civ 791 (23 June 2005)

Infiniteland Ltd v Artisan Contracting Ltd [2005] EWCA Civ 791 (23 June 2005)

The respondents were the overall winners of the appeal, and the appellants' refusal of a reasonable settlement offer justified an order for costs against them on the standard basis. No issue-based or indemnity costs order was warranted given the circumstances.

Citation
[2005] EWCA Civ 791
Parties
Claimant/appellant: Infiniteland Limited; Claimant/appellant: John Stewart Aviss; Defendant/respondent: Artisan Contracting Limited; Defendant/respondent: Artisan (UK) Limited
Jurisdiction
England and Wales
Judgment Date
23 June 2005
Procedural Posture
Civil Appeal / Judgment on Costs Following Dismissal of Appeal
Outcome
Appeal dismissed; permission to appeal to House of Lords refused; costs order made against appellants.
Legal Topics
Costs, Appeal, Settlement Offers, Breach of Warranty
Civil Procedure Contract Law Costs Appeal Settlement Offers Breach of Warranty

Case Brief

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Parties

Infiniteland Limited

Claimant/appellant

John Stewart Aviss

Claimant/appellant

Artisan Contracting Limited

Defendant/respondent

Artisan (UK) Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Costs Following Dismissal of Appeal

Legal Issues

  1. 1 Whether appellants should pay respondents' costs of the appeal
  2. 2 Whether any issue-based or indemnity costs order should be made
  3. 3 Effect of settlement offer on costs

Ratio Decidendi

The respondents were the overall winners of the appeal, and the appellants' refusal of a reasonable settlement offer justified an order for costs against them on the standard basis. No issue-based or indemnity costs order was warranted given the circumstances.

Court Disposition

Appeal dismissed; permission to appeal to House of Lords refused; costs order made against appellants.

Orders

  • Appellants to pay respondents' costs of the appeal on the standard basis, subject to detailed assessment if not agreed.
  • £75,000 of monies in court to be paid to respondents on account of costs; balance remains as security.