Lansdowne House (St George's Hill) Ltd v Liberty Syndicate Management Ltd & Anor

Lansdowne House (St George's Hill) Ltd v Liberty Syndicate Management Ltd & Anor

The Claimant failed to comply with court orders regarding the Scott Schedule, causing the Defendants to incur unnecessary and wasted costs. The Claimant must bear a substantial proportion of the Defendants' costs for the relevant hearings and applications, with specific apportionment based on the degree of responsibility and the outcome of each stage.

Parties
Claimant: Lansdowne House (St George's Hill) Ltd; First Defendant: Liberty Syndicate Management Ltd (on behalf of Liberty Syndicate 4472); Second Defendant: Williamson Partnership LLP
Jurisdiction
England and Wales
Judgment Date
23 February 2011
Procedural Posture
Civil (construction Litigation) / Costs Determination Following Case Management Conferences and Applications
Outcome
Claimant ordered to pay a substantial proportion of Defendants' costs; costs assessed summarily.
Legal Topics
Costs, Scott Schedule, Case Management, Defects Insurance
Civil Procedure Construction Law Insurance Law Costs Scott Schedule Case Management Defects Insurance

Case Brief

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Parties

Lansdowne House (St George's Hill) Ltd

Claimant

Liberty Syndicate Management Ltd (on behalf of Liberty Syndicate 4472)

First Defendant

Williamson Partnership LLP

Second Defendant

Procedural Posture

Civil (construction Litigation) / Costs Determination Following Case Management Conferences and Applications

Legal Issues

  1. 1 Who should bear the costs arising from the preparation and amendment of the Scott Schedule?
  2. 2 Whether the Claimant complied with court orders regarding the Scott Schedule?
  3. 3 Appropriate apportionment of costs between parties for wasted and additional work caused by non-compliance

Ratio Decidendi

The Claimant failed to comply with court orders regarding the Scott Schedule, causing the Defendants to incur unnecessary and wasted costs. The Claimant must bear a substantial proportion of the Defendants' costs for the relevant hearings and applications, with specific apportionment based on the degree of responsibility and the outcome of each stage.

Court Disposition

Claimant ordered to pay a substantial proportion of Defendants' costs; costs assessed summarily.

Orders

  • Claimant to pay 50% of each Defendant’s costs of the hearing on 23 November 2010 and the Second Defendant’s application dated 17 November 2010.
  • Claimant to pay all Defendants’ costs in dealing with the revisions to the Scott Schedule between 23 November 2010 and 11 February 2011.