Mears Ltd v Costplan Services (South East) Ltd & Ors

Mears Ltd v Costplan Services (South East) Ltd & Ors

Although the claimant succeeded on some factual and legal issues, it failed on the overarching aim of preventing practical completion. The court must weigh the issues and overall outcome, resulting in the claimant being ordered to pay 40% of the second and third defendants' costs, with interim payments ordered.

Parties
Claimant: Mears Ltd; First Defendant: Costplan Services (South East) Ltd; Second Defendant: Plymouth (Notte Street) Limited; Third Defendant: J. R. Pickstock Limited
Jurisdiction
England and Wales
Judgment Date
07 December 2018
Procedural Posture
Civil (construction/commercial) / Costs Ruling After Trial
Outcome
Claimant to pay 40% of second and third defendants' costs; interim payments ordered; first defendant to bear own costs; permission to appeal refused.
Legal Topics
Costs, Injunctions, Practical Completion, Estoppel by Convention, Rectification
Civil Procedure Construction Law Costs Injunctions Practical Completion Estoppel by Convention Rectification

Case Brief

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Parties

Mears Ltd

Claimant

Costplan Services (South East) Ltd

First Defendant

Plymouth (Notte Street) Limited

Second Defendant

J. R. Pickstock Limited

Third Defendant

Procedural Posture

Civil (construction/commercial) / Costs Ruling After Trial

Legal Issues

  1. 1 Appropriate costs order following trial on practical completion and related declarations
  2. 2 Entitlement to interim payment of costs

Ratio Decidendi

Although the claimant succeeded on some factual and legal issues, it failed on the overarching aim of preventing practical completion. The court must weigh the issues and overall outcome, resulting in the claimant being ordered to pay 40% of the second and third defendants' costs, with interim payments ordered.

Court Disposition

Claimant to pay 40% of second and third defendants' costs; interim payments ordered; first defendant to bear own costs; permission to appeal refused.

Orders

  • Claimant to pay 40% of third defendant's costs.
  • Claimant to pay 40% of second defendant's costs.