Linklaters Business Services v Sir Robert McAlpine Ltd & Ors

Linklaters Business Services v Sir Robert McAlpine Ltd & Ors

Indemnity costs were ordered against How from 7 September 2010, the date by which it was or should have been clear that Linklaters' Part 36 offer could and should have been accepted, and against How in favour of Southern from 16 July 2010, reflecting the unreasonable continuation of weak claims. The Part 36 offers were compliant, and the judgment exceeded the offers, triggering the usual costs and interest consequences. Interest on damages and costs was set at 5% above base rate from 7 September 2010. Interim payments on account of costs were set at £1.2m for Linklaters and £850,000 for McAlpine. How was ordered to pay half the costs of the appeals involving Southern.

Parties
Claimant: Linklaters Business Services; First Defendant: Sir Robert McAlpine Limited; Second Defendant: Sir Robert McAlpine (Holdings) Limited; Third Party: How Engineering Services Limited; Fourth Party: How Group Limited; Fifth Party: Southern Insulation (Medway) Limited
Jurisdiction
England and Wales
Judgment Date
30 November 2010
Procedural Posture
Civil Construction/contract / Post Judgment (costs and Interest Determination)
Outcome
Judgment for Linklaters; costs and interest orders as specified; How to indemnify McAlpine; How's claim against Southern dismissed.
Legal Topics
Costs, Indemnity, Interest, Part 36 Offers, Indemnity Costs, Contribution Claims
Civil Procedure Construction Law Contract Law Costs Indemnity Interest Part 36 Offers Indemnity Costs +1 more

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 3 Authorities cited 10 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Linklaters Business Services

Claimant

Sir Robert McAlpine Limited

First Defendant

Sir Robert McAlpine (Holdings) Limited

Second Defendant

How Engineering Services Limited

Third Party

How Group Limited

Fourth Party

Southern Insulation (Medway) Limited

Fifth Party

Procedural Posture

Civil Construction/contract / Post Judgment (costs and Interest Determination)

Legal Issues

  1. 1 Whether indemnity costs should be awarded and from what date
  2. 2 Whether Part 36 offers were compliant and their effect on costs and interest
  3. 3 Allocation of costs between parties, including costs of appeals and interim payments

Ratio Decidendi

Indemnity costs were ordered against How from 7 September 2010, the date by which it was or should have been clear that Linklaters' Part 36 offer could and should have been accepted, and against How in favour of Southern from 16 July 2010, reflecting the unreasonable continuation of weak claims. The Part 36 offers were compliant, and the judgment exceeded the offers, triggering the usual costs and interest consequences. Interest on damages and costs was set at 5% above base rate from 7 September 2010. Interim payments on account of costs were set at £1.2m for Linklaters and £850,000 for McAlpine. How was ordered to pay half the costs of the appeals involving Southern.

Court Disposition

Judgment for Linklaters; costs and interest orders as specified; How to indemnify McAlpine; How's claim against Southern dismissed.

Orders

  • How to pay Linklaters' costs on an indemnity basis from 7 September 2010 and on a standard basis before that date.
  • How to pay McAlpine's costs on an indemnity basis.