Leighton Denny v Kambiz Babaee & Ors

Leighton Denny v Kambiz Babaee & Ors

The Defendants' failure to complete a settlement agreement after mediation constitutes conduct outside the norm, justifying indemnity costs from 1 January 2023. No reduction in the Claimant's costs is warranted for the change in valuation, as there is insufficient evidence of exaggeration or causative effect on costs.

Parties
Claimant: Leighton Denny; First Defendant: Kambiz Babaee; Second Defendant: Connor Construction (Watford) Limited; Third Defendant: K10 Developments Limited
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil (technology and Construction Court) / Post Trial Costs Determination
Outcome
Claimant awarded costs on standard basis up to 31 December 2022 and on indemnity basis from 1 January 2023.
Legal Topics
Costs, Indemnity Costs, Exaggeration of Claim, Settlement Agreements
Civil Procedure Construction Law Costs Indemnity Costs Exaggeration of Claim Settlement Agreements

Case Brief

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Parties

Leighton Denny

Claimant

Kambiz Babaee

First Defendant

Connor Construction (Watford) Limited

Second Defendant

K10 Developments Limited

Third Defendant

Procedural Posture

Civil (technology and Construction Court) / Post Trial Costs Determination

Legal Issues

  1. 1 Whether the Claimant's costs should be assessed on the indemnity basis
  2. 2 Whether the Claimant's costs should be reduced due to a change in the valuation of the claim

Ratio Decidendi

The Defendants' failure to complete a settlement agreement after mediation constitutes conduct outside the norm, justifying indemnity costs from 1 January 2023. No reduction in the Claimant's costs is warranted for the change in valuation, as there is insufficient evidence of exaggeration or causative effect on costs.

Court Disposition

Claimant awarded costs on standard basis up to 31 December 2022 and on indemnity basis from 1 January 2023.

Orders

  • Defendants to pay Claimant's costs on the standard basis up to and including 31 December 2022.
  • Defendants to pay Claimant's costs on the indemnity basis from 1 January 2023.