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
Summary, issues, holding and outcome
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Parties
CG Group Limited
Claimant
Breyer Group PLC
Defendant
Procedural Posture
Adjudication Enforcement / Costs Judgment Following Substantive Judgment
Legal Issues
- 1 Whether costs should be awarded on an indemnity basis or standard basis
- 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
Full Case Text
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