GS Woodland Court GP 1 Ltd & Anor v RGCM Ltd & Ors [2025] EWHC 285 (TCC) (17 January 2025)

GS Woodland Court GP 1 Ltd & Anor v RGCM Ltd & Ors [2025] EWHC 285 (TCC) (17 January 2025)

The Claimants' costs budget was found to be excessive and disproportionate, lacking meaningful justification for rates above guideline levels, and their conduct in advancing such a budget warranted a departure from the default 'costs in the case' order. Defendants D2, D3, D4, and D5 were entitled to their reasonable costs of the hearing, limited to counsel and one solicitor, and the Claimants were deprived of their costs for the costs management hearing.

Citation
[2025] EWHC 285 (TCC)
Parties
Claimant: GS Woodland Court GP 1 Limited; Claimant: GS Woodland Court GP 2 Limited; First Defendant: RGCM Limited; Second Defendant: Hadfield Cawkwell Davidson Limited; Third Defendant: Met-Clad Contracts Limited; Fourth Defendant: Unite Modular Solutions Limited; Fifth Defendant: Unite Integrated Solutions PLC; Sixth Defendant: Eurolec Services Limited; Seventh Defendant: Quadro Services Limited
Jurisdiction
England and Wales
Judgment Date
17 January 2025
Procedural Posture
Civil Construction Defects / Costs Management Hearing
Outcome
Application for costs by Defendants D2, D3, D4, and D5 granted; Claimants to pay their reasonable costs of the hearing; Claimants to bear their own costs of the costs management hearing; D1 and D6 neither recover nor pay costs.
Legal Topics
Costs Management, Proportionality of Costs, Construction Defects, Solicitors' Charging Rates
Civil Procedure Construction Law Costs Management Proportionality of Costs Construction Defects Solicitors' Charging Rates

Case Brief

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Parties

GS Woodland Court GP 1 Limited

Claimant

GS Woodland Court GP 2 Limited

Claimant

RGCM Limited

First Defendant

Hadfield Cawkwell Davidson Limited

Second Defendant

Met-Clad Contracts Limited

Third Defendant

Unite Modular Solutions Limited

Fourth Defendant

Unite Integrated Solutions PLC

Fifth Defendant

Eurolec Services Limited

Sixth Defendant

Quadro Services Limited

Seventh Defendant

Procedural Posture

Civil Construction Defects / Costs Management Hearing

Legal Issues

  1. 1 Whether the Claimants' costs budget was reasonable and proportionate
  2. 2 Whether Defendants are entitled to their costs of the costs management hearing
  3. 3 Appropriate approach to costs orders following costs management hearings

Ratio Decidendi

The Claimants' costs budget was found to be excessive and disproportionate, lacking meaningful justification for rates above guideline levels, and their conduct in advancing such a budget warranted a departure from the default 'costs in the case' order. Defendants D2, D3, D4, and D5 were entitled to their reasonable costs of the hearing, limited to counsel and one solicitor, and the Claimants were deprived of their costs for the costs management hearing.

Court Disposition

Application for costs by Defendants D2, D3, D4, and D5 granted; Claimants to pay their reasonable costs of the hearing; Claimants to bear their own costs of the costs management hearing; D1 and D6 neither recover nor pay costs.

Orders

  • Claimants to pay D2, D3, D4, and D5 their reasonable costs of attendance of counsel and one solicitor at the hearing.
  • Claimants to bear their own costs of the costs management hearing.