BDW Trading Ltd v Ardmore Construction Ltd (Re Costs) [2025] EWHC 1063 (TCC) (02 May 2025)

BDW Trading Ltd v Ardmore Construction Ltd (Re Costs) [2025] EWHC 1063 (TCC) (02 May 2025)

The court has power to make a costs management order in respect of budgets filed at an earlier date, as this is not retrospective but records the court's view on estimates as at a particular date. The Claimant's application to increase its disclosure budget is allowed in part under CPR 3.15A due to significant developments, but the increases are moderated to reflect reasonableness and proportionality. Both parties' budgets are approved at the high end of reasonableness given the value of the litigation.

Citation
[2025] EWHC 1063 (TCC)
Parties
Claimant: BDW Trading Limited; Defendant: Ardmore Construction Limited
Jurisdiction
England and Wales
Judgment Date
02 May 2025
Procedural Posture
Costs Management (tcc) / Post Ccmc, Costs Management Order and Application to Vary Budget
Outcome
Costs management orders made; Claimant's application to increase disclosure budget allowed in part.
Legal Topics
Costs Management, Case Management, Disclosure, Budget Variation, CPR 3.15, CPR 3.15 a
Civil Procedure Construction Law Costs Management Case Management Disclosure Budget Variation CPR 3.15 CPR 3.15 a

Case Brief

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Parties

BDW Trading Limited

Claimant

Ardmore Construction Limited

Defendant

Procedural Posture

Costs Management (tcc) / Post Ccmc, Costs Management Order and Application to Vary Budget

Legal Issues

  1. 1 Whether the court can make a costs management order in respect of budgets filed at an earlier date
  2. 2 Whether the Claimant's application to increase its disclosure budget should be allowed under CPR 3.15A
  3. 3 Reasonableness and proportionality of costs claimed for witness statements, expert reports, and disclosure

Ratio Decidendi

The court has power to make a costs management order in respect of budgets filed at an earlier date, as this is not retrospective but records the court's view on estimates as at a particular date. The Claimant's application to increase its disclosure budget is allowed in part under CPR 3.15A due to significant developments, but the increases are moderated to reflect reasonableness and proportionality. Both parties' budgets are approved at the high end of reasonableness given the value of the litigation.

Court Disposition

Costs management orders made; Claimant's application to increase disclosure budget allowed in part.

Orders

  • Parties to file revised costs budgets as at 27 June 2024/24 July 2024 within 7 days reflecting the court's rulings.
  • Claimant to file revised costs budget as at 14 February 2025 within 7 days reflecting the court's rulings.