Wales (t/a Selective Investment Services) v CBRE Managed Services Ltd & Anor

Wales (t/a Selective Investment Services) v CBRE Managed Services Ltd & Anor

CBRE unreasonably refused to participate in mediation at key stages, justifying a 50% reduction in its recoverable costs before 14 February 2019 and a 20% reduction from 17 June 2019. Aviva's conduct in advancing its case until 3 May 2019, including incorrect statements about contractual relationships, justified a 20% reduction in its recoverable costs for that period. All other costs are payable by Mr Wales, subject to detailed assessment on the standard basis. Interim payments are ordered in the sums of £63,000 to CBRE and £72,000 to Aviva.

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 / Post Trial Costs Judgment
Outcome
Claim dismissed; costs judgment for defendants with reductions for unreasonable conduct.
Legal Topics
Costs, Alternative Dispute Resolution, Contractual Duties, Litigation Conduct
Civil Procedure Contract Law Costs Alternative Dispute Resolution Contractual Duties Litigation Conduct

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Richard Wales (t/a Selective Investment Services)

Claimant

CBRE Managed Services Ltd

First Defendant

Aviva Administration Limited

Second Defendant

Procedural Posture

Commercial / Post Trial Costs Judgment

Legal Issues

  1. 1 Whether the defendants are entitled to costs following dismissal of the claimant's claims
  2. 2 Whether the defendants should be deprived of a proportion of their costs due to unreasonable refusal to mediate or conduct during litigation
  3. 3 Whether costs should be assessed on the standard or indemnity basis

Ratio Decidendi

CBRE unreasonably refused to participate in mediation at key stages, justifying a 50% reduction in its recoverable costs before 14 February 2019 and a 20% reduction from 17 June 2019. Aviva's conduct in advancing its case until 3 May 2019, including incorrect statements about contractual relationships, justified a 20% reduction in its recoverable costs for that period. All other costs are payable by Mr Wales, subject to detailed assessment on the standard basis. Interim payments are ordered in the sums of £63,000 to CBRE and £72,000 to Aviva.

Court Disposition

Claim dismissed; costs judgment for defendants with reductions for unreasonable conduct.

Orders

  • Mr Wales to pay CBRE’s costs, subject to a 50% reduction before 14 February 2019 and a 20% reduction from 17 June 2019.
  • Mr Wales to pay Aviva’s costs, subject to a 20% reduction up to and including 3 May 2019.