Mears Ltd v Costplan Services (South East) Ltd & Ors [2018] EWHC 3363 (TCC) (07 December 2018)

Mears Ltd v Costplan Services (South East) Ltd & Ors [2018] EWHC 3363 (TCC) (07 December 2018)

Although the claimant succeeded on some issues, the defendants prevailed on the ultimate issue of practical completion. The costs order must reflect the weight of the overarching issue, resulting in the claimant being ordered to pay 40% of the second and third defendants' costs. The first defendant, being neutral, bears its own costs. Interim payments on account are ordered based on uncontested minimum recoverable amounts.

Citation
[2018] EWHC 3363 (TCC)
Parties
Claimant: Mears Ltd; First Defendant: Costplan Services (South East) Ltd; Second Defendant: Plymouth (Notte Street) Limited; Third Defendant: J. R. Pickstock Limited
Jurisdiction
England and Wales
Judgment Date
07 December 2018
Procedural Posture
Costs Judgment Following Expedited Trial / Post Trial, Costs and Permission to Appeal
Outcome
Claimant to pay 40% of the second and third defendants' costs; first defendant to bear its own costs; interim payments ordered; permission to appeal refused.
Legal Topics
Costs, Practical Completion, Injunctions, Rectification, Estoppel by Convention
Civil Procedure Construction Law Costs Practical Completion Injunctions Rectification Estoppel by Convention

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Parties

Mears Ltd

Claimant

Costplan Services (South East) Ltd

First Defendant

Plymouth (Notte Street) Limited

Second Defendant

J. R. Pickstock Limited

Third Defendant

Procedural Posture

Costs Judgment Following Expedited Trial / Post Trial, Costs and Permission to Appeal

Legal Issues

  1. 1 Appropriate costs order following partial success on issues relating to practical completion and breach
  2. 2 Entitlement to interim payment on account of costs
  3. 3 Permission to appeal

Ratio Decidendi

Although the claimant succeeded on some issues, the defendants prevailed on the ultimate issue of practical completion. The costs order must reflect the weight of the overarching issue, resulting in the claimant being ordered to pay 40% of the second and third defendants' costs. The first defendant, being neutral, bears its own costs. Interim payments on account are ordered based on uncontested minimum recoverable amounts.

Court Disposition

Claimant to pay 40% of the second and third defendants' costs; first defendant to bear its own costs; interim payments ordered; permission to appeal refused.

Orders

  • Claimant to pay 40% of the third defendant's costs.
  • Claimant to pay 40% of the second defendant's costs.