Matiere SAS v ABM Precast Solutions Ltd [2025] EWHC 2030 (TCC) (31 July 2025)

Matiere SAS v ABM Precast Solutions Ltd [2025] EWHC 2030 (TCC) (31 July 2025)

The claimant's Part 36 offer was a genuine attempt to settle the claim but not the counterclaim, as it made no allowance for the latter. Therefore, the full consequences of CPR 36.17(4) (including indemnity costs and enhanced interest) apply only to the claim, not the counterclaim. Costs of the counterclaim are awarded on the standard basis. The claimant's conduct did not warrant a reduction in costs. Enhanced interest is set at 7% above base rate for the claim post-relevant period, 4% above base rate pre-relevant period, and 2% above base rate for costs of the counterclaim. Payment on account of costs is set at 90% of the approved budget.

Citation
[2025] EWHC 2030 (TCC)
Parties
Claimant: Matière SAS; Defendant: ABM Precast Solutions Ltd
Jurisdiction
England and Wales
Judgment Date
31 July 2025
Procedural Posture
Commercial Claim and Counterclaim (technology and Construction Court) / Post Liability Judgment; Consequential Matters Including Costs and Interest
Outcome
Claimant entitled to costs of the claim on standard basis up to relevant date and indemnity basis thereafter; costs of the counterclaim on standard basis; 10% uplift on claim value; enhanced interest on claim and claim costs; payment on account of costs at 90% of budgeted amount; all sums payable within 21 days.
Legal Topics
Part 36 Offers, Costs Consequences, Interest on Judgments, Good Faith in Contracts, Counterclaims, Standard Vs Indemnity Costs
Civil Procedure Commercial Law Contract Law Part 36 Offers Costs Consequences Interest on Judgments Good Faith in Contracts Counterclaims +1 more

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Parties

Matière SAS

Claimant

ABM Precast Solutions Ltd

Defendant

Procedural Posture

Commercial Claim and Counterclaim (technology and Construction Court) / Post Liability Judgment; Consequential Matters Including Costs and Interest

Legal Issues

  1. 1 Whether the claimant's Part 36 offer was a genuine attempt to settle the entire proceedings including the counterclaim
  2. 2 Whether the full consequences of CPR 36.17(4) should apply to both claim and counterclaim
  3. 3 Appropriate basis and rate for costs and interest under CPR 36.17 and CPR 44.2

Ratio Decidendi

The claimant's Part 36 offer was a genuine attempt to settle the claim but not the counterclaim, as it made no allowance for the latter. Therefore, the full consequences of CPR 36.17(4) (including indemnity costs and enhanced interest) apply only to the claim, not the counterclaim. Costs of the counterclaim are awarded on the standard basis. The claimant's conduct did not warrant a reduction in costs. Enhanced interest is set at 7% above base rate for the claim post-relevant period, 4% above base rate pre-relevant period, and 2% above base rate for costs of the counterclaim. Payment on account of costs is set at 90% of the approved budget.

Court Disposition

Claimant entitled to costs of the claim on standard basis up to relevant date and indemnity basis thereafter; costs of the counterclaim on standard basis; 10% uplift on claim value; enhanced interest on claim and claim costs; payment on account of costs at 90% of budgeted amount; all sums payable within 21 days.

Orders

  • ABM to pay Matière £373,295.06 plus interest at 4% above base rate up to 25 April 2022, then 7% above base rate thereafter on the claim.
  • ABM to pay costs of the claim on standard basis up to 25 April 2022, indemnity basis thereafter.