Co-Operative Group Ltd v Birse Development Ltd [2013] EWHC 3352 (TCC) (17 October 2013)

Co-Operative Group Ltd v Birse Development Ltd [2013] EWHC 3352 (TCC) (17 October 2013)

The claimant failed to provide adequate particulars as a condition for leave to amend, resulting in wasted costs. Defending parties succeeded on the application and are entitled to costs, except for costs occasioned by post-judgment written submissions (paras. 17-20), which the third party must pay to the claimant. Interim payments on account are ordered due to complexity and uncertainty in total costs assessment.

Citation
[2013] EWHC 3352 (TCC)
Parties
Claimant: Co-operative Group Limited; Defendant: Birse Development Limited; Third Party: Stuarts Industrial Flooring Limited; Fourth Party: Jubb & Partners
Jurisdiction
England and Wales
Judgment Date
17 October 2013
Procedural Posture
Civil / Costs Ruling Following Dismissal of Application to Re Amend Particulars of Claim
Outcome
Claimant's application to re-amend dismissed; costs awarded to defending parties with exceptions.
Legal Topics
Costs, Amendment of Pleadings, Summary Assessment, Interim Payment
Civil Procedure Construction Law Costs Amendment of Pleadings Summary Assessment Interim Payment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Co-operative Group Limited

Claimant

Birse Development Limited

Defendant

Stuarts Industrial Flooring Limited

Third Party

Jubb & Partners

Fourth Party

Procedural Posture

Civil / Costs Ruling Following Dismissal of Application to Re Amend Particulars of Claim

Legal Issues

  1. 1 Whether the claimant should pay the defending parties' costs following dismissal of application to re-amend particulars of claim
  2. 2 Appropriateness of summary assessment versus interim payment on account of costs

Ratio Decidendi

The claimant failed to provide adequate particulars as a condition for leave to amend, resulting in wasted costs. Defending parties succeeded on the application and are entitled to costs, except for costs occasioned by post-judgment written submissions (paras. 17-20), which the third party must pay to the claimant. Interim payments on account are ordered due to complexity and uncertainty in total costs assessment.

Court Disposition

Claimant's application to re-amend dismissed; costs awarded to defending parties with exceptions.

Orders

  • Claimant to pay defending parties' costs of and occasioned by the re-amendment applications, except costs relating to written submissions on issues in paras. 17-20, which third party pays to claimant.
  • Interim payment on account of costs ordered: £50,000 to Birse Development Limited, £50,000 to Stuarts Industrial Flooring Limited.