Greenwich Millennium Village Ltd & Ors v Essex Services Group Plc & Ors [2014] EWHC 1099 (TCC) (11 April 2014)

Greenwich Millennium Village Ltd & Ors v Essex Services Group Plc & Ors [2014] EWHC 1099 (TCC) (11 April 2014)

Essex is ordered to pay GMVL's costs on an indemnity basis from 3 May 2012 (expiry of the Part 36 offer) to the date of the Main Judgment, and on the standard basis before that. GMVL is entitled to enhanced interest on damages and costs at 4% above base rate for the relevant period. The split of costs between Core 2 and Core 3 is set at 70/30%. A deduction of £10,000 is made from GMVL's costs for trial bundle preparation, with no further deduction. Robson's late application for costs regarding the trial bundle is rejected as out of time. GMVL is entitled to an interim payment on account of costs of £1.65 million from Essex.

Citation
[2014] EWHC 1099 (TCC)
Parties
Claimant: Greenwich Millennium Village Limited; 1st Defendant: Essex Services Group PLC (formerly Essex Electrical Group Limited); 2nd Defendant and 5th Party: Hoare Lea (a firm); 3rd Party: HS Environmental Services Limited (in administration); 4th Party: W T Partnership Limited; 6th Party: D G Robson Mechanical Services Limited
Jurisdiction
England and Wales
Judgment Date
11 April 2014
Procedural Posture
Multi Party Construction Litigation (tcc) / Post Judgment Costs Ruling
Outcome
Costs orders made as set out; Essex to pay GMVL indemnity costs from 3 May 2012, standard costs before; enhanced interest awarded; apportionment of costs between Cores 2 and 3 at 70/30%; £10,000 deduction for trial bundle; interim payment of £1.65 million ordered.
Legal Topics
Costs, Indemnity Costs, Part 36 Offers, Interest on Damages and Costs, Apportionment of Costs, Contractual Indemnity, Multi Party Litigation
Civil Procedure Construction Law Costs Indemnity Costs Part 36 Offers Interest on Damages and Costs Apportionment of Costs Contractual Indemnity +1 more

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Parties

Greenwich Millennium Village Limited

Claimant

Essex Services Group PLC (formerly Essex Electrical Group Limited)

1st Defendant

Hoare Lea (a firm)

2nd Defendant and 5th Party

HS Environmental Services Limited (in administration)

3rd Party

W T Partnership Limited

4th Party

D G Robson Mechanical Services Limited

6th Party

Procedural Posture

Multi Party Construction Litigation (tcc) / Post Judgment Costs Ruling

Legal Issues

  1. 1 Whether Essex should pay GMVL's costs on an indemnity basis under CPR Part 36
  2. 2 Whether GMVL is entitled to enhanced interest on damages and costs under Part 36
  3. 3 How costs should be apportioned between Core 2 and Core 3 claims

Ratio Decidendi

Essex is ordered to pay GMVL's costs on an indemnity basis from 3 May 2012 (expiry of the Part 36 offer) to the date of the Main Judgment, and on the standard basis before that. GMVL is entitled to enhanced interest on damages and costs at 4% above base rate for the relevant period. The split of costs between Core 2 and Core 3 is set at 70/30%. A deduction of £10,000 is made from GMVL's costs for trial bundle preparation, with no further deduction. Robson's late application for costs regarding the trial bundle is rejected as out of time. GMVL is entitled to an interim payment on account of costs of £1.65 million from Essex.

Court Disposition

Costs orders made as set out; Essex to pay GMVL indemnity costs from 3 May 2012, standard costs before; enhanced interest awarded; apportionment of costs between Cores 2 and 3 at 70/30%; £10,000 deduction for trial bundle; interim payment of £1.65 million ordered.

Orders

  • Essex to pay GMVL's costs on an indemnity basis from 3 May 2012 to date of Main Judgment, standard basis before.
  • Essex and HL jointly and severally liable to GMVL for £4,985,686.85 (Core 2) plus interest.