WOL (London) LLP v Croydon Investments Ltd & Ors (Re Costs) [2024] EWHC 485 (TCC) (06 March 2024)

WOL (London) LLP v Croydon Investments Ltd & Ors (Re Costs) [2024] EWHC 485 (TCC) (06 March 2024)

First Defendant's application failed except for the need for Claimant to re-amend; Claimant permitted to re-amend; First Defendant to pay 90% of Claimant's costs (subject to detailed assessment), and to pay Third Defendant's costs (summarily assessed).

Citation
[2024] EWHC 485 (TCC)
Parties
Claimant: WOL (London) LLP; First Defendant: Croydon Investments Limited; Second Defendant: RGB P&C Limited (In Liquidation); Third Defendant: Stroma Building Control Limited
Jurisdiction
England and Wales
Judgment Date
06 March 2024
Procedural Posture
Costs Judgment Following Strike Out/summary Judgment Application / Post Application, Costs Determination
Outcome
Application to strike out/summary judgment dismissed; permission to re-amend granted; costs orders made.
Legal Topics
Costs, Pleadings, Summary Judgment, Strike Out
Civil Procedure Construction Law Costs Pleadings Summary Judgment Strike Out

Case Brief

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Parties

WOL (London) LLP

Claimant

Croydon Investments Limited

First Defendant

RGB P&C Limited (In Liquidation)

Second Defendant

Stroma Building Control Limited

Third Defendant

Procedural Posture

Costs Judgment Following Strike Out/summary Judgment Application / Post Application, Costs Determination

Legal Issues

  1. 1 Whether permission should be granted to re-amend Particulars of Claim
  2. 2 How costs should be allocated between Claimant and First Defendant
  3. 3 How costs should be allocated between First and Third Defendants

Ratio Decidendi

First Defendant's application failed except for the need for Claimant to re-amend; Claimant permitted to re-amend; First Defendant to pay 90% of Claimant's costs (subject to detailed assessment), and to pay Third Defendant's costs (summarily assessed).

Court Disposition

Application to strike out/summary judgment dismissed; permission to re-amend granted; costs orders made.

Orders

  • Permission granted to Claimant to file re-amended Particulars of Claim; reservice dispensed with.
  • First Defendant to pay 90% of Claimant's costs of the application, subject to detailed assessment on standard basis.