Intense Investments Ltd v Development Ventures Ltd

Intense Investments Ltd v Development Ventures Ltd

Because the outcome of the preliminary issues hearing was the same as the defendant’s offer of 17 October 2005, and the final commercial result depends on the outcome of the accounting exercise (which may affect the parties’ entitlement to costs), it is appropriate to reserve the costs of the preliminary issues until after the account is provided and considered.

Parties
Claimant: Intense Investments Ltd; First Defendant: Development Ventures Ltd
Jurisdiction
England and Wales
Judgment Date
29 June 2006
Procedural Posture
Civil / Post Preliminary Issues Judgment; Costs Determination
Outcome
Costs of the preliminary issues reserved until after the service and consideration of the certified account.
Legal Topics
Costs, Preliminary Issues, Offers to Settle, Binding Agreement, Accounting
Civil Procedure Costs Preliminary Issues Offers to Settle Binding Agreement Accounting

Case Brief

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Parties

Intense Investments Ltd

Claimant

Development Ventures Ltd

First Defendant

Procedural Posture

Civil / Post Preliminary Issues Judgment; Costs Determination

Legal Issues

  1. 1 Who is the successful party for the purposes of costs after preliminary issues determination?
  2. 2 Should costs be awarded now or reserved pending further developments (accounting)?
  3. 3 What is the effect of the defendant's offer of 17 October 2005 on costs?

Ratio Decidendi

Because the outcome of the preliminary issues hearing was the same as the defendant’s offer of 17 October 2005, and the final commercial result depends on the outcome of the accounting exercise (which may affect the parties’ entitlement to costs), it is appropriate to reserve the costs of the preliminary issues until after the account is provided and considered.

Court Disposition

Costs of the preliminary issues reserved until after the service and consideration of the certified account.

Orders

  • Costs of the preliminary issues are reserved until after the service of the certified account and further consideration.