Wates Construction Ltd. v HGP Greentree Allchurch Evans Ltd.

Wates Construction Ltd. v HGP Greentree Allchurch Evans Ltd.

Wates' conduct up to early August 2005 was not so unreasonable as to justify indemnity costs, but from 11 August 2005 onwards, after expert evidence made clear the claim was hopeless, their failure to discontinue was unreasonable to a high degree and justified indemnity costs from that date.

Parties
Part 20 Claimant: Wates Construction Limited; Part 20 Defendant: HGP Greentree Allchurch Evans Limited
Jurisdiction
England and Wales
Judgment Date
10 October 2005
Procedural Posture
Civil (construction Dispute) / Costs Determination After Discontinuance of Part 20 Claim
Outcome
Part 20 claim discontinued; costs awarded to HGP.
Legal Topics
Indemnity Costs, Standard Costs, Discontinuance, Litigation Conduct
Civil Procedure Construction Law Indemnity Costs Standard Costs Discontinuance Litigation Conduct

Case Brief

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Parties

Wates Construction Limited

Part 20 Claimant

HGP Greentree Allchurch Evans Limited

Part 20 Defendant

Procedural Posture

Civil (construction Dispute) / Costs Determination After Discontinuance of Part 20 Claim

Legal Issues

  1. 1 Whether the conduct of Wates and/or their solicitors justified an order for indemnity costs for all or part of the proceedings after discontinuance of the Part 20 claim

Ratio Decidendi

Wates' conduct up to early August 2005 was not so unreasonable as to justify indemnity costs, but from 11 August 2005 onwards, after expert evidence made clear the claim was hopeless, their failure to discontinue was unreasonable to a high degree and justified indemnity costs from that date.

Court Disposition

Part 20 claim discontinued; costs awarded to HGP.

Orders

  • HGP's costs up to 10 August 2005 to be assessed on the standard basis.
  • HGP's costs from 11 August 2005 onwards to be assessed on the indemnity basis.