Wales (t/a Selective Investment Services) v CBRE Managed Services Ltd & Anor [2020] EWHC 1050 (Comm) (30 April 2020)

Wales (t/a Selective Investment Services) v CBRE Managed Services Ltd & Anor [2020] EWHC 1050 (Comm) (30 April 2020)

CBRE unreasonably refused to participate in mediation, warranting a reduction of its recoverable costs: 50% disallowed pre-14 February 2019, 20% disallowed post-17 June 2019. Aviva advanced its case unreasonably until 3 May 2019, warranting 20% reduction in recoverable costs for that period. Costs to be assessed on the standard basis, not indemnity. Mr Wales must make interim payments to CBRE and Aviva.

Citation
[2020] EWHC 1050 (Comm)
Parties
Claimant: Richard Wales (t/a Selective Investment Services); First Defendant: CBRE Managed Services Ltd; Second Defendant: Aviva Administration Limited
Jurisdiction
England and Wales
Judgment Date
30 April 2020
Procedural Posture
Commercial Court Costs Judgment / Post Trial, Costs Determination
Outcome
Claimant's claims dismissed; costs judgment in favour of CBRE and Aviva with reductions for unreasonable conduct.
Legal Topics
Costs, Alternative Dispute Resolution, Contractual Duties, Indemnity Vs Standard Costs
Civil Procedure Contract Law Costs Alternative Dispute Resolution Contractual Duties Indemnity Vs Standard Costs

Case Brief

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Parties

Richard Wales (t/a Selective Investment Services)

Claimant

CBRE Managed Services Ltd

First Defendant

Aviva Administration Limited

Second Defendant

Procedural Posture

Commercial Court Costs Judgment / Post Trial, Costs Determination

Legal Issues

  1. 1 Whether CBRE and Aviva should recover costs from Mr Wales and in what proportion
  2. 2 Whether refusal to mediate affects costs recovery
  3. 3 Whether Aviva's late amendment to Defence affects costs liability

Ratio Decidendi

CBRE unreasonably refused to participate in mediation, warranting a reduction of its recoverable costs: 50% disallowed pre-14 February 2019, 20% disallowed post-17 June 2019. Aviva advanced its case unreasonably until 3 May 2019, warranting 20% reduction in recoverable costs for that period. Costs to be assessed on the standard basis, not indemnity. Mr Wales must make interim payments to CBRE and Aviva.

Court Disposition

Claimant's claims dismissed; costs judgment in favour of CBRE and Aviva with reductions for unreasonable conduct.

Orders

  • Mr Wales to pay CBRE's costs, subject to detailed assessment, with 50% liability pre-14 February 2019 and 80% liability post-17 June 2019.
  • Mr Wales to pay Aviva's costs, subject to detailed assessment, with 80% liability up to and including 3 May 2019.