Rabilizirov v A2 Dominion London Ltd & Ors

Rabilizirov v A2 Dominion London Ltd & Ors

The indemnity clause in the JCT contract applies to the appeal as the appeal was an adjunct to the trial and both fall within the same 'proceedings'; the court should exercise its discretion to award costs in line with the contractual indemnity, resulting in Durkan being liable to pay A2's costs on an indemnity basis, subject to detailed assessment.

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 (GCL); Third Party/respondent: Durkan Limited
Jurisdiction
England and Wales
Judgment Date
05 April 2019
Procedural Posture
Civil Appeal / Post Judgment Costs Ruling on Appeal
Outcome
Durkan to pay A2's costs of the appeal on an indemnity basis, subject to detailed assessment if not agreed. GCL to pay the same amount to Durkan. No order as to costs for post-hearing submissions.
Legal Topics
Indemnity Clauses, Costs on Appeal, Contractual Interpretation, Assessment of Costs
Civil Procedure Construction Law Contract Law Indemnity Clauses Costs on Appeal Contractual Interpretation Assessment of Costs

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 Authorities cited 6 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Savi Rabilizirov

Claimant

A2 Dominion London Ltd

Defendant/additional Claimant/respondent

A2 Dominion Homes Ltd

Defendant/additional Claimant/respondent

Ground Construction Limited (GCL)

Defendant/appellant

Durkan Limited

Third Party/respondent

Procedural Posture

Civil Appeal / Post Judgment Costs Ruling on Appeal

Legal Issues

  1. 1 Whether the indemnity clause in the JCT contract covers appeal costs
  2. 2 Whether costs should be awarded on an indemnity basis under the contract
  3. 3 Appropriate assessment method for costs

Ratio Decidendi

The indemnity clause in the JCT contract applies to the appeal as the appeal was an adjunct to the trial and both fall within the same 'proceedings'; the court should exercise its discretion to award costs in line with the contractual indemnity, resulting in Durkan being liable to pay A2's costs on an indemnity basis, subject to detailed assessment.

Court Disposition

Durkan to pay A2's costs of the appeal on an indemnity basis, subject to detailed assessment if not agreed. GCL to pay the same amount to Durkan. No order as to costs for post-hearing submissions.

Orders

  • Durkan to pay A2's costs of the appeal on an indemnity basis, subject to detailed assessment if not agreed.
  • GCL to pay the same amount to Durkan.