EQ Projects v Alavi [2006] EWHC 29 (TCC) (06 January 2006)

EQ Projects v Alavi [2006] EWHC 29 (TCC) (06 January 2006)

Defendant is the successful party as claimant failed to beat pre-action offer and payments into court, and defendant succeeded on key issues. Claimant to pay defendant's costs, with indemnity basis applying from 28 November 2005 onwards due to claimant's unreasonable conduct in maintaining a hopeless case.

Source-derived case information.

Citation
[2006] EWHC 29 (TCC)
Parties
Claimant: E. Q. Projects; Defendant: Alavi
Jurisdiction
England and Wales
Judgment Date
06 January 2006
Procedural Posture
Civil / Post Trial Costs Ruling
Outcome
Claimant to pay defendant's costs; indemnity basis from 28 November 2005 onwards.
Legal Topics
Costs, Indemnity Costs, Payments Into Court, Pre Action Offers, Contract Disputes
Civil Procedure Construction Law Costs Indemnity Costs Payments Into Court Pre Action Offers Contract Disputes

Source-derived case record

Summary, issues, holding and outcome

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Parties

E. Q. Projects

Claimant

Alavi

Defendant

Procedural Posture

Civil / Post Trial Costs Ruling

Legal Issues

  1. 1 Who is the successful party for costs purposes?
  2. 2 Should costs be assessed on an indemnity basis?
  3. 3 Effect of pre-action offers and payments into court on costs liability

Ratio Decidendi

Defendant is the successful party as claimant failed to beat pre-action offer and payments into court, and defendant succeeded on key issues. Claimant to pay defendant's costs, with indemnity basis applying from 28 November 2005 onwards due to claimant's unreasonable conduct in maintaining a hopeless case.

Court Disposition

Claimant to pay defendant's costs; indemnity basis from 28 November 2005 onwards.

Orders

  • Claimant to pay defendant's costs up to 28 November 2005 on standard basis.
  • Claimant to pay defendant's costs from 28 November 2005 onwards on indemnity basis.