Lansdowne House (St George's Hill) Ltd v Liberty Syndicate Management Ltd & Anor [2011] EWHC 332 (TCC) (23 February 2011)

Lansdowne House (St George's Hill) Ltd v Liberty Syndicate Management Ltd & Anor [2011] EWHC 332 (TCC) (23 February 2011)

The claimant's failure to prepare a compliant Scott Schedule caused wasted costs; fairness requires the claimant to bear a substantial proportion of the defendants' costs, specifically 50% for initial hearings and applications, and all costs for subsequent revisions until final compliance.

Citation
[2011] EWHC 332 (TCC)
Parties
Claimant: Lansdowne House (St George's Hill) Ltd; First Defendant: Liberty Syndicate Management Ltd (on behalf of Liberty Syndicate 4472); Second Defendant: Williamson Partnership LLP
Jurisdiction
England and Wales
Judgment Date
23 February 2011
Procedural Posture
Costs Application in Construction Litigation / Post Case Management Conference, Costs Determination
Outcome
Claimant ordered to pay 50% of each defendant's costs for hearing on 23 November 2010 and Second Defendant's application dated 17 November 2010; claimant to pay all defendants' costs for revisions between 23 November 2010 and 11 February 2011; costs to carry interest at 2% from date of judgment.
Legal Topics
Costs Assessment, Scott Schedule Compliance, Case Management Orders
Civil Procedure Construction Law Costs Assessment Scott Schedule Compliance Case Management Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Lansdowne House (St George's Hill) Ltd

Claimant

Liberty Syndicate Management Ltd (on behalf of Liberty Syndicate 4472)

First Defendant

Williamson Partnership LLP

Second Defendant

Procedural Posture

Costs Application in Construction Litigation / Post Case Management Conference, Costs Determination

Legal Issues

  1. 1 Responsibility for costs arising from defective Scott Schedule
  2. 2 Proportion of costs to be borne by claimant
  3. 3 Assessment of costs for hearings and applications

Ratio Decidendi

The claimant's failure to prepare a compliant Scott Schedule caused wasted costs; fairness requires the claimant to bear a substantial proportion of the defendants' costs, specifically 50% for initial hearings and applications, and all costs for subsequent revisions until final compliance.

Court Disposition

Claimant ordered to pay 50% of each defendant's costs for hearing on 23 November 2010 and Second Defendant's application dated 17 November 2010; claimant to pay all defendants' costs for revisions between 23 November 2010 and 11 February 2011; costs to carry interest at 2% from date of judgment.

Orders

  • Claimant to pay First Defendant £13,609.13 for initial costs (50%)
  • Claimant to pay Second Defendant £12,513.00 for initial costs (50%)