ASSOCIATED NEWSPAPERS LIMITED v BUCKINGHAM GROUP CONTRACTING LIMITED & Ors.

ASSOCIATED NEWSPAPERS LIMITED v BUCKINGHAM GROUP CONTRACTING LIMITED & Ors.

The claimant's estimated costs are disproportionate to the issues in the case, even considering the likely value of the claim and its complexity. The court reduces the claimant's estimated costs by 15% and invites submission of a revised budget reflecting this reduction.

Parties
Claimant: Associated Newspapers Limited; Defendant/part 20 Claimant: Buckingham Group Contracting Limited; Third Party: Amtrust Europe Limited; Fourth Party: Zurich Insurance PLC; Fifth Party: Lavenham Underwriting Limited, Sampford Underwriting Limited, GAI Indemnity Limited (Lloyds Syndicate 2468); Sixth Party: Liberty Mutual Insurance Europe SE
Jurisdiction
England and Wales
Judgment Date
02 November 2022
Procedural Posture
Civil (construction/insurance) / Costs and Case Management Conference (cost Budgeting Determination)
Outcome
Claimant's estimated costs budget reduced by 15%; defendant and third to sixth parties' budgets approved.
Legal Topics
Costs Budgeting, Professional Indemnity Insurance, Negligence in Construction, Proportionality of Costs, Duty of Fair Presentation
Civil Procedure Construction Law Insurance Law Costs Budgeting Professional Indemnity Insurance Negligence in Construction Proportionality of Costs Duty of Fair Presentation

Case Brief

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Parties

Associated Newspapers Limited

Claimant

Buckingham Group Contracting Limited

Defendant/part 20 Claimant

Amtrust Europe Limited

Third Party

Zurich Insurance PLC

Fourth Party

Lavenham Underwriting Limited, Sampford Underwriting Limited, GAI Indemnity Limited (Lloyds Syndicate 2468)

Fifth Party

Liberty Mutual Insurance Europe SE

Sixth Party

Procedural Posture

Civil (construction/insurance) / Costs and Case Management Conference (cost Budgeting Determination)

Legal Issues

  1. 1 Whether the claimant's proposed costs budget is reasonable and proportionate
  2. 2 Whether the costs budgets of the defendant and third to sixth parties should be approved
  3. 3 Extent to which incurred and estimated costs are justified given the complexity and value of the claim

Ratio Decidendi

The claimant's estimated costs are disproportionate to the issues in the case, even considering the likely value of the claim and its complexity. The court reduces the claimant's estimated costs by 15% and invites submission of a revised budget reflecting this reduction.

Court Disposition

Claimant's estimated costs budget reduced by 15%; defendant and third to sixth parties' budgets approved.

Orders

  • Claimant to submit a revised costs budget reflecting a 15% reduction in estimated costs.
  • Costs budgets of BGCL and Collier Insurers approved as unchallenged and proportionate.