Co-Operative Group Ltd v Birse Development Ltd

Co-Operative Group Ltd v Birse Development Ltd

The claimant failed to comply with the conditions for leave to amend its particulars of claim, resulting in wasted costs for the defending parties. Therefore, the claimant should pay the defending parties’ costs of and occasioned by the re-amendment applications, except for costs relating to submissions on new arguments post-draft judgment, which should be borne by the third party.

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 Determination Following Application to Re Amend Particulars of Claim
Outcome
Claimant ordered to pay defending parties’ costs of and occasioned by the re-amendment applications, with exceptions for costs relating to submissions on new arguments post-draft judgment.
Legal Topics
Costs, Amendment of Pleadings, Summary Assessment, Interim Payment
Civil Procedure Costs Amendment of Pleadings Summary Assessment Interim Payment

Case Brief

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Parties

Co-operative Group Limited

Claimant

Birse Development Limited

Defendant

Stuarts Industrial Flooring Limited

Third Party

Jubb & Partners

Fourth Party

Procedural Posture

Civil / Costs Determination Following Application to Re Amend Particulars of Claim

Legal Issues

  1. 1 Whether the claimant should pay the defending parties’ costs following unsuccessful application to re-amend particulars of claim
  2. 2 Appropriateness of summary assessment versus interim payment on account of costs
  3. 3 Allocation of costs for submissions on new arguments post-draft judgment

Ratio Decidendi

The claimant failed to comply with the conditions for leave to amend its particulars of claim, resulting in wasted costs for the defending parties. Therefore, the claimant should pay the defending parties’ costs of and occasioned by the re-amendment applications, except for costs relating to submissions on new arguments post-draft judgment, which should be borne by the third party.

Court Disposition

Claimant ordered to pay defending parties’ costs of and occasioned by the re-amendment applications, with exceptions for costs relating to submissions on new arguments post-draft judgment.

Orders

  • Interim payment on account of costs of £50,000 to Birse Development Limited.
  • Interim payment on account of costs of £50,000 to Stuarts Industrial Flooring Limited.