Management Solutions & Professional Consultants Ltd v Bennett (Electrical) Services Ltd [2006] EWHC 1720_2 (TCC) (23 August 2006)

Management Solutions & Professional Consultants Ltd v Bennett (Electrical) Services Ltd [2006] EWHC 1720_2 (TCC) (23 August 2006)

The end result was a draw, with both parties having to pay sums to each other and neither achieving outright success; the small financial advantage to MSP was insufficient to justify a costs order in its favour. Each party should bear its own costs.

Citation
[2006] EWHC 1720_2 (TCC)
Parties
Claimant: Management Solutions & Professional Consultants Limited; Defendant: Bennett (Electrical) Services Limited
Jurisdiction
England and Wales
Judgment Date
23 August 2006
Procedural Posture
Enforcement of Adjudicator's Decision (tcc) / Post Judgment Applications Regarding Costs and Amendment of Judgment Sum
Outcome
Each party to bear its own costs; original judgment sum confirmed.
Legal Topics
Costs Orders, Adjudication Enforcement, VAT Accounting, Discretion in Costs, CPR Overriding Objective
Civil Procedure Construction Law Costs Orders Adjudication Enforcement VAT Accounting Discretion in Costs CPR Overriding Objective

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Parties

Management Solutions & Professional Consultants Limited

Claimant

Bennett (Electrical) Services Limited

Defendant

Procedural Posture

Enforcement of Adjudicator's Decision (tcc) / Post Judgment Applications Regarding Costs and Amendment of Judgment Sum

Legal Issues

  1. 1 Whether costs should follow the event or each party should bear its own costs
  2. 2 Whether the judgment sum should be amended to account for VAT already recovered

Ratio Decidendi

The end result was a draw, with both parties having to pay sums to each other and neither achieving outright success; the small financial advantage to MSP was insufficient to justify a costs order in its favour. Each party should bear its own costs.

Court Disposition

Each party to bear its own costs; original judgment sum confirmed.

Orders

  • Order to be drawn up and entered as per draft.
  • MSP to email a further copy of the order to the judge's clerk.