BDW Trading Limited v Ardmore Construction Limited

BDW Trading Limited v Ardmore Construction Limited

The court has discretion to make a costs management order at any time for budgets filed previously, and to vary budgets if significant developments arise. The Claimant’s disclosure budget may be increased due to changed assumptions and increased document volume, but only to reasonable and proportionate amounts.

Parties
Claimant: BDW Trading Limited; Defendant: Ardmore Construction Limited
Jurisdiction
England and Wales
Judgment Date
05 February 2025
Procedural Posture
Civil / Costs Ruling Post CCMC
Outcome
Costs management orders approved for both parties’ budgets as at 27 June 2024/24 July 2024, and for the Claimant’s revised disclosure budget as at 14 February 2025.
Legal Topics
Costs Management, Disclosure, Case Management, Budget Variation
Civil Procedure Costs Management Disclosure Case Management Budget Variation

Case Brief

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Parties

BDW Trading Limited

Claimant

Ardmore Construction Limited

Defendant

Procedural Posture

Civil / Costs Ruling Post CCMC

Legal Issues

  1. 1 Whether the court can make a costs management order retrospectively for budgets filed at an earlier date
  2. 2 Whether the Claimant's application to increase its disclosure budget is justified by significant developments
  3. 3 Reasonableness and proportionality of costs for witness statements, expert reports, and disclosure

Ratio Decidendi

The court has discretion to make a costs management order at any time for budgets filed previously, and to vary budgets if significant developments arise. The Claimant’s disclosure budget may be increased due to changed assumptions and increased document volume, but only to reasonable and proportionate amounts.

Court Disposition

Costs management orders approved for both parties’ budgets as at 27 June 2024/24 July 2024, and for the Claimant’s revised disclosure budget as at 14 February 2025.

Orders

  • Parties to file revised costs budgets reflecting rulings within 7 days.
  • Claimant to file revised costs budget as at 14 February 2025 within 7 days.