McGlinn v Waltham Contractors Ltd. [2005] EWHC 1419 (TCC) (24 June 2005)

McGlinn v Waltham Contractors Ltd. [2005] EWHC 1419 (TCC) (24 June 2005)

Costs incurred by a defendant at the Pre-Action Protocol stage in successfully persuading a claimant to abandon a claim are not recoverable as costs 'incidental to' subsequent proceedings if those claims do not feature in the litigation, unless exceptional circumstances or unreasonable conduct are present.

Citation
[2005] EWHC 1419 (TCC)
Parties
Claimant: Ian McGlinn; First Defendant: Waltham Contractors Ltd; Second Defendant: Huw Thomas Associates; Third Defendant: DJ Hartigan & Associates Ltd
Jurisdiction
England and Wales
Judgment Date
24 June 2005
Procedural Posture
Interim Costs Application / First Case Management Conference
Outcome
Application dismissed
Legal Topics
Costs, Pre Action Protocols, Case Management
Civil Procedure Construction Law Costs Pre Action Protocols Case Management

Case Brief

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Parties

Ian McGlinn

Claimant

Waltham Contractors Ltd

First Defendant

Huw Thomas Associates

Second Defendant

DJ Hartigan & Associates Ltd

Third Defendant

Procedural Posture

Interim Costs Application / First Case Management Conference

Legal Issues

  1. 1 Are costs incurred by a defendant at the Pre-Action Protocol stage, in responding to claims subsequently dropped from litigation, recoverable as costs 'incidental to' proceedings under Section 51 of the Supreme Court Act 1981?

Ratio Decidendi

Costs incurred by a defendant at the Pre-Action Protocol stage in successfully persuading a claimant to abandon a claim are not recoverable as costs 'incidental to' subsequent proceedings if those claims do not feature in the litigation, unless exceptional circumstances or unreasonable conduct are present.

Court Disposition

Application dismissed