The University of Manchester v John McAslan and Partners Ltd & Anor [2020] EWHC 3392 (TCC) (11 December 2020)

The University of Manchester v John McAslan and Partners Ltd & Anor [2020] EWHC 3392 (TCC) (11 December 2020)

Costs of the hearing and preparatory work should be costs in the case, as the work would have been necessary for defence preparation and neither party obtained all the relief sought.

Citation
[2020] EWHC 3392 (TCC)
Parties
Claimant: The University of Manchester; First Defendant: John McAslan and Partners Limited; Second Defendant: Laing O'Rourke Construction Limited
Jurisdiction
England and Wales
Judgment Date
11 December 2020
Procedural Posture
Civil / Post Application Costs Determination
Outcome
Costs in the case for all parties.
Legal Topics
Costs, Pleadings, Directions
Civil Procedure Construction Law Costs Pleadings Directions

Case Brief

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Parties

The University of Manchester

Claimant

John McAslan and Partners Limited

First Defendant

Laing O'Rourke Construction Limited

Second Defendant

Procedural Posture

Civil / Post Application Costs Determination

Legal Issues

  1. 1 Allocation of costs following applications
  2. 2 Adequacy of Particulars of Claim
  3. 3 Directions for revised pleadings

Ratio Decidendi

Costs of the hearing and preparatory work should be costs in the case, as the work would have been necessary for defence preparation and neither party obtained all the relief sought.

Court Disposition

Costs in the case for all parties.

Orders

  • Costs of First Defendant to be costs in the case.
  • Costs of Second Defendant and Claimant to be costs in the case.