Beattie Passive Norse Ltd & Anor v Canham Consulting Ltd (No. 2 Costs)

Beattie Passive Norse Ltd & Anor v Canham Consulting Ltd (No. 2 Costs)

From 13 March 2020, the claimants advanced a case on a central factual issue they knew to be untrue, and their conduct was wholly unreasonable and out of the norm. The claim was exaggerated, opportunistic, and irreconcilable with the evidence. The justice of the case requires no order for costs before 13 March 2020,...

Source-derived case information.

Parties
Claimant: Beattie Passive Norse Limited; Claimant: NPS Property Consultants Limited; Defendant: Canham Consulting Limited
Jurisdiction
England and Wales
Judgment Date
28 May 2021
Procedural Posture
Civil / Costs Judgment Following Substantive Trial
Outcome
Costs judgment for defendant in part
Legal Topics
Costs, Indemnity Costs, Part 36 Offers, Professional Negligence, Causation, Mediation, Authority to Litigate
Civil Procedure Professional Negligence Construction Law Costs Indemnity Costs Part 36 Offers Causation Mediation +1 more

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Summary, issues, holding and outcome

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Parties

Beattie Passive Norse Limited

Claimant

NPS Property Consultants Limited

Claimant

Canham Consulting Limited

Defendant

Procedural Posture

Civil / Costs Judgment Following Substantive Trial

Legal Issues

  1. 1 Whether the defendant is entitled to indemnity costs for the whole action or only from the date of the Part 36 offer
  2. 2 Whether the claimants' conduct justified indemnity costs
  3. 3 Whether the claimants unreasonably refused to mediate

Ratio Decidendi

From 13 March 2020, the claimants advanced a case on a central factual issue they knew to be untrue, and their conduct was wholly unreasonable and out of the norm. The claim was exaggerated, opportunistic, and irreconcilable with the evidence. The justice of the case requires no order for costs before 13 March 2020, and indemnity costs to the defendant thereafter.

Court Disposition

Costs judgment for defendant in part

Orders

  • No order for costs in either party's favour up to 13 March 2020.
  • Defendant (Canham Consulting Limited) to recover all its costs from 13 March 2020 onwards, assessed on the indemnity basis.