McGlinn v Waltham Contractors Ltd & Ors [2007] EWHC 294 (TCC) (22 February 2007)

McGlinn v Waltham Contractors Ltd & Ors [2007] EWHC 294 (TCC) (22 February 2007)

Wilson Large & Partners are entitled to their costs of and occasioned by the defects issues, as these constitute a distinct part of the proceedings, and their success on these issues is unaffected by the outcome of the later over-valuation trial. The interim payment is assessed at £180,000, reflecting deductions for costs attributable to over-valuation issues and the assessment process.

Citation
[2007] EWHC 294 (TCC)
Parties
Claimant: Ian McGlinn; First Defendant: Waltham Contractors Ltd; Second Defendant: Huw Thomas Associates; Third Defendant: DJ Hartigan & Associates Ltd; Fourth Defendant: Wilson Large & Partners
Jurisdiction
England and Wales
Judgment Date
22 February 2007
Procedural Posture
Civil / Post Trial Costs Determination
Outcome
Costs order in favour of Wilson Large & Partners for defects issues; interim payment ordered.
Legal Topics
Costs Orders, Split Trials, Issue Based Costs, Interim Payments
Civil Procedure Construction Law Costs Orders Split Trials Issue Based Costs Interim Payments

Case Brief

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Parties

Ian McGlinn

Claimant

Waltham Contractors Ltd

First Defendant

Huw Thomas Associates

Second Defendant

DJ Hartigan & Associates Ltd

Third Defendant

Wilson Large & Partners

Fourth Defendant

Procedural Posture

Civil / Post Trial Costs Determination

Legal Issues

  1. 1 Entitlement to costs for defects issues after dismissal of claims against Fourth Defendant
  2. 2 Appropriate timing and form of costs orders in split trials
  3. 3 Assessment of interim payment for costs

Ratio Decidendi

Wilson Large & Partners are entitled to their costs of and occasioned by the defects issues, as these constitute a distinct part of the proceedings, and their success on these issues is unaffected by the outcome of the later over-valuation trial. The interim payment is assessed at £180,000, reflecting deductions for costs attributable to over-valuation issues and the assessment process.

Court Disposition

Costs order in favour of Wilson Large & Partners for defects issues; interim payment ordered.

Orders

  • Wilson Large & Partners awarded costs of defects issues.
  • Interim payment of £180,000 to be paid by 27 March 2007.