Linklaters Business Services v Sir Robert McAlpine Ltd & Ors [2010] EWHC 3123 (TCC) (30 November 2010)

Linklaters Business Services v Sir Robert McAlpine Ltd & Ors [2010] EWHC 3123 (TCC) (30 November 2010)

Linklaters' Part 36 offers were valid and exceeded by judgment; indemnity costs and enhanced interest are awarded from 7 September 2010. How's conduct regarding Southern was unreasonable; indemnity costs awarded to Southern from 16 July 2010. Interim payments for costs are fixed based on summary assessments and reasonable deductions. Photocopying costs are split due to over-inclusion of documents.

Citation
[2010] EWHC 3123 (TCC)
Parties
Claimant: Linklaters Business Services; First Defendant: Sir Robert McAlpine Limited; Second Defendant: Sir Robert McAlpine (Holdings) Limited; Third Party: How Engineering Services Limited; Fourth Party: How Group Limited; Fifth Party: Southern Insulation (Medway) Limited
Jurisdiction
England and Wales
Judgment Date
30 November 2010
Procedural Posture
Commercial Construction Litigation / Post Trial Costs and Interest Determination
Outcome
Judgment for Linklaters against McAlpine and How; McAlpine entitled to full indemnity from How; Southern's claim dismissed; costs and interest orders as specified.
Legal Topics
Indemnity Costs, Part 36 Offers, Contribution Claims, Interest on Damages, Costs Assessment
Construction Law Contract Law Civil Procedure Indemnity Costs Part 36 Offers Contribution Claims Interest on Damages Costs Assessment

Case Brief

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Parties

Linklaters Business Services

Claimant

Sir Robert McAlpine Limited

First Defendant

Sir Robert McAlpine (Holdings) Limited

Second Defendant

How Engineering Services Limited

Third Party

How Group Limited

Fourth Party

Southern Insulation (Medway) Limited

Fifth Party

Procedural Posture

Commercial Construction Litigation / Post Trial Costs and Interest Determination

Legal Issues

  1. 1 Entitlement to indemnity costs under CPR Part 36
  2. 2 Effect of Part 36 offers on costs and interest
  3. 3 Responsibility for costs between main contractor, subcontractor, and sub-subcontractor

Ratio Decidendi

Linklaters' Part 36 offers were valid and exceeded by judgment; indemnity costs and enhanced interest are awarded from 7 September 2010. How's conduct regarding Southern was unreasonable; indemnity costs awarded to Southern from 16 July 2010. Interim payments for costs are fixed based on summary assessments and reasonable deductions. Photocopying costs are split due to over-inclusion of documents.

Court Disposition

Judgment for Linklaters against McAlpine and How; McAlpine entitled to full indemnity from How; Southern's claim dismissed; costs and interest orders as specified.

Orders

  • How and McAlpine to pay Linklaters' costs on indemnity basis from 7 September 2010, standard basis before that date.
  • How to pay Southern's costs on indemnity basis from 16 July 2010.