Redwing Construction Ltd v Wishart [2011] EWHC 19 (TCC) (17 January 2011)

Redwing Construction Ltd v Wishart [2011] EWHC 19 (TCC) (17 January 2011)

Redwing is entitled to costs on the standard basis, but only a 20% CFA uplift and 20% of the ATE insurance premium are recoverable, as the risks were low and the arrangements were not fully justified; no uplift is allowed for costs incurred before notification of the CFA.

Citation
[2011] EWHC 19 (TCC)
Parties
Claimant: Redwing Construction Limited; Defendant: Charles Wishart
Jurisdiction
England and Wales
Judgment Date
17 January 2011
Procedural Posture
Adjudication Enforcement (summary Judgment) / Costs Assessment Following Judgment
Outcome
Costs awarded to claimant on standard basis with limited CFA uplift and ATE premium recovery.
Legal Topics
Conditional Fee Agreements, After the Event Insurance, Costs Assessment, Adjudication Enforcement
Civil Procedure Construction Law Conditional Fee Agreements After the Event Insurance Costs Assessment Adjudication Enforcement

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 8 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Redwing Construction Limited

Claimant

Charles Wishart

Defendant

Procedural Posture

Adjudication Enforcement (summary Judgment) / Costs Assessment Following Judgment

Legal Issues

  1. 1 Whether the claimant is entitled to recover the full CFA uplift and ATE insurance premium as part of costs in adjudication enforcement proceedings
  2. 2 Whether the CFA uplift and ATE insurance premium claimed are reasonable and proportionate
  3. 3 Effect of late notification of funding arrangements on recoverability of additional liabilities

Ratio Decidendi

Redwing is entitled to costs on the standard basis, but only a 20% CFA uplift and 20% of the ATE insurance premium are recoverable, as the risks were low and the arrangements were not fully justified; no uplift is allowed for costs incurred before notification of the CFA.

Court Disposition

Costs awarded to claimant on standard basis with limited CFA uplift and ATE premium recovery.

Orders

  • Claimant awarded costs on standard basis.
  • Only 20% CFA uplift and 20% of ATE insurance premium recoverable.