CG Group Ltd v Breyer Group Plc [2013] EWHC 2959 (TCC) (03 October 2013)

CG Group Ltd v Breyer Group Plc [2013] EWHC 2959 (TCC) (03 October 2013)

Indemnity costs are not appropriate as the Defendant's conduct was not unreasonable, the settlement offers did not relate to the enforcement proceedings, and the post-hearing submissions, while unfortunate, did not justify indemnity costs. Costs are awarded on the standard basis and summarily assessed at £18,000.

Citation
[2013] EWHC 2959 (TCC)
Parties
Claimant: CG Group Limited; Defendant: Breyer Group PLC
Jurisdiction
England and Wales
Judgment Date
03 October 2013
Procedural Posture
Adjudication Enforcement / Costs Judgment Following Substantive Judgment
Outcome
Costs awarded to Claimant on standard basis, summarily assessed.
Legal Topics
Adjudication Enforcement, Costs Assessment, Indemnity Costs, Standard Basis Costs

Case Brief

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Parties

CG Group Limited

Claimant

Breyer Group PLC

Defendant

Procedural Posture

Adjudication Enforcement / Costs Judgment Following Substantive Judgment

  1. 1 Whether costs should be awarded on an indemnity basis or standard basis
  2. 2 Appropriate quantum of costs to be summarily assessed

Ratio Decidendi

Indemnity costs are not appropriate as the Defendant's conduct was not unreasonable, the settlement offers did not relate to the enforcement proceedings, and the post-hearing submissions, while unfortunate, did not justify indemnity costs. Costs are awarded on the standard basis and summarily assessed at £18,000.

Court Disposition

Costs awarded to Claimant on standard basis, summarily assessed.

Orders

  • Defendant to pay Claimant £18,000 in costs within 14 days