McGlinn v Waltham Contractors Ltd & Ors

McGlinn v Waltham Contractors Ltd & Ors

Mr McGlinn is entitled to interest on damages against HTA at 1% over base for specified periods; Bullock/Sanderson order is refused as he failed against both HTA and WL on relevant items; issue-based costs order is appropriate, with HTA to pay 45% of Mr McGlinn’s costs incurred against them and Mr McGlinn to pay 25% of HTA’s costs, reflecting respective success and failure on liability and quantum issues.

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 / Post Trial Costs Judgment
Outcome
Application for Bullock/Sanderson order refused; issue-based costs order granted.
Legal Topics
Costs Orders, Interest on Damages, Issue Based Costs Orders, Professional Negligence, Bullock/sanderson Orders
Civil Procedure Construction Law Costs Orders Interest on Damages Issue Based Costs Orders Professional Negligence Bullock/sanderson Orders

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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 Judgment

Legal Issues

  1. 1 Entitlement to interest on damages awarded against HTA
  2. 2 Liability for WL’s costs (Bullock/Sanderson order)
  3. 3 Appropriate costs order as between Mr McGlinn and HTA

Ratio Decidendi

Mr McGlinn is entitled to interest on damages against HTA at 1% over base for specified periods; Bullock/Sanderson order is refused as he failed against both HTA and WL on relevant items; issue-based costs order is appropriate, with HTA to pay 45% of Mr McGlinn’s costs incurred against them and Mr McGlinn to pay 25% of HTA’s costs, reflecting respective success and failure on liability and quantum issues.

Court Disposition

Application for Bullock/Sanderson order refused; issue-based costs order granted.

Orders

  • HTA to pay Mr McGlinn 45% of his costs incurred as against HTA.
  • Mr McGlinn to pay HTA 25% of HTA’s costs of the action.