Community Gateway Association Ltd v Beha Williams Norman Ltd

Community Gateway Association Ltd v Beha Williams Norman Ltd

BWNL was the overall successful party and is entitled to its costs, subject to a 15% reduction to reflect issues on which CGA succeeded. BWNL is entitled to indemnity costs from 3 May 2011 (21 days after its Part 36 offer) due to the offer and the increasing weakness of CGA’s case. Permission to appeal is refused as the proposed grounds have no real prospect of success.

Parties
Claimant: Community Gateway Association Limited; Defendant: Beha Williams Norman Limited
Jurisdiction
England and Wales
Judgment Date
21 November 2011
Procedural Posture
Civil (construction/professional Negligence) / Post Trial Judgment on Costs and Permission to Appeal
Outcome
BWNL awarded 85% of its costs on a standard basis up to 2 May 2011 and 85% on an indemnity basis thereafter; permission to appeal refused.
Legal Topics
Costs Orders, Indemnity Costs, CPR Part 36 Offers, Permission to Appeal
Civil Procedure Costs Professional Negligence Construction Law Costs Orders Indemnity Costs CPR Part 36 Offers Permission to Appeal

Case Brief

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Parties

Community Gateway Association Limited

Claimant

Beha Williams Norman Limited

Defendant

Procedural Posture

Civil (construction/professional Negligence) / Post Trial Judgment on Costs and Permission to Appeal

Legal Issues

  1. 1 Whether costs should be awarded on an indemnity or standard basis
  2. 2 Whether costs should be apportioned on an issues basis
  3. 3 Effect of CPR Part 36 offer and its withdrawal on costs

Ratio Decidendi

BWNL was the overall successful party and is entitled to its costs, subject to a 15% reduction to reflect issues on which CGA succeeded. BWNL is entitled to indemnity costs from 3 May 2011 (21 days after its Part 36 offer) due to the offer and the increasing weakness of CGA’s case. Permission to appeal is refused as the proposed grounds have no real prospect of success.

Court Disposition

BWNL awarded 85% of its costs on a standard basis up to 2 May 2011 and 85% on an indemnity basis thereafter; permission to appeal refused.

Orders

  • BWNL to recover 85% of its costs on the standard basis up to and including 2 May 2011.
  • BWNL to recover 85% of its costs on the indemnity basis from 3 May 2011 onwards.