McGlinn v Waltham Contractors Ltd & Ors [2007] EWHC 698 (TCC) (28 March 2007)

McGlinn v Waltham Contractors Ltd & Ors [2007] EWHC 698 (TCC) (28 March 2007)

Mr McGlinn is entitled to interest on the damages awarded against HTA at 1% over base for specified periods, as actual expenditure is not a prerequisite for interest. A Bullock/Sanderson order is refused because Mr McGlinn failed against both HTA and WL on the relevant items, and it was unreasonable to join WL. Costs as between Mr McGlinn and HTA are to be determined by reference to the degree of success and failure, with no party being wholly successful; Mr McGlinn recovers less than 15% of his claim, but more than the payment into court, so costs must be apportioned accordingly.

Citation
[2007] EWHC 698 (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
28 March 2007
Procedural Posture
Civil (construction Dispute) / Post Trial Costs and Interest Determination
Outcome
Interest awarded to claimant on damages against HTA; application for Bullock/Sanderson order refused; claimant to pay WL's costs; costs as between claimant and HTA to be determined proportionately based on partial success and failure.
Legal Topics
Costs Orders, Interest on Damages, Bullock/sanderson Orders, Joinder of Defendants, Quantum of Damages
Civil Procedure Construction Law Costs Orders Interest on Damages Bullock/sanderson Orders Joinder of Defendants Quantum of Damages

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 (construction Dispute) / Post Trial Costs and Interest Determination

Legal Issues

  1. 1 Whether claimant is entitled to interest on damages awarded against HTA and for what period and rate
  2. 2 Whether a Bullock/Sanderson order should be made against HTA in respect of WL's costs
  3. 3 How costs should be apportioned between Mr McGlinn and HTA given partial success and failure on claims

Ratio Decidendi

Mr McGlinn is entitled to interest on the damages awarded against HTA at 1% over base for specified periods, as actual expenditure is not a prerequisite for interest. A Bullock/Sanderson order is refused because Mr McGlinn failed against both HTA and WL on the relevant items, and it was unreasonable to join WL. Costs as between Mr McGlinn and HTA are to be determined by reference to the degree of success and failure, with no party being wholly successful; Mr McGlinn recovers less than 15% of his claim, but more than the payment into court, so costs must be apportioned accordingly.

Court Disposition

Interest awarded to claimant on damages against HTA; application for Bullock/Sanderson order refused; claimant to pay WL's costs; costs as between claimant and HTA to be determined proportionately based on partial success and failure.

Orders

  • HTA to pay Mr McGlinn interest on £380,225.49 from 4 May 2005 to 28 March 2007 at 1% over base rate.
  • HTA to pay Mr McGlinn interest on £58,625.27 from 29 March 2004 to 28 March 2007 at 1% over base rate.