Rabilizirov v A2 Dominion London Ltd & Ors [2019] EWHC 863 (QB) (05 April 2019)

Rabilizirov v A2 Dominion London Ltd & Ors [2019] EWHC 863 (QB) (05 April 2019)

The indemnity clause in the JCT contract applies to appeal proceedings, and the court's discretion under CPR 44.2 should be exercised to reflect the contractual right to indemnity costs.

Citation
[2019] EWHC 863
Parties
Claimant: Savi Rabilizirov; Defendant/additional Claimant/respondent: A2 Dominion London Ltd; Defendant/additional Claimant/respondent: A2 Dominion Homes Ltd; Defendant/appellant: Ground Construction Limited; Third Party/respondent: Durkan Limited
Jurisdiction
England and Wales
Judgment Date
05 April 2019
Procedural Posture
Appeal / Post Judgment Costs Ruling
Outcome
Durkan ordered to pay A2 companies' costs of the appeal on an indemnity basis, subject to detailed assessment; GCL to pay same amount to Durkan.
Legal Topics
Indemnity Clauses, Costs Assessment, Appeals, Contractual Interpretation
Construction Law Contract Law Civil Procedure Indemnity Clauses Costs Assessment Appeals Contractual Interpretation

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Parties

Savi Rabilizirov

Claimant

A2 Dominion London Ltd

Defendant/additional Claimant/respondent

A2 Dominion Homes Ltd

Defendant/additional Claimant/respondent

Ground Construction Limited

Defendant/appellant

Durkan Limited

Third Party/respondent

Procedural Posture

Appeal / Post Judgment Costs Ruling

Legal Issues

  1. 1 Whether indemnity clause covers appeal costs
  2. 2 Basis for costs assessment between parties

Ratio Decidendi

The indemnity clause in the JCT contract applies to appeal proceedings, and the court's discretion under CPR 44.2 should be exercised to reflect the contractual right to indemnity costs.

Court Disposition

Durkan ordered to pay A2 companies' costs of the appeal on an indemnity basis, subject to detailed assessment; GCL to pay same amount to Durkan.

Orders

  • Durkan to pay A2 companies' costs of the appeal on an indemnity basis, subject to detailed assessment.
  • GCL to pay Durkan £340,000 in loss of rent.