Amec Process and Energy Ltd v. Stork Engineers & Contractors BV (a company registered in The Netherlands) [1999] EWHC Technology 188 (7th December, 1999)

Amec Process and Energy Ltd v. Stork Engineers & Contractors BV (a company registered in The Netherlands) [1999] EWHC Technology 188 (7th December, 1999)

Costs of the preliminary issues trial are reserved to the conclusion of the trial or other disposal of the remaining issues, as the relevant events occurred under the old rules and parties' decisions were informed by those expectations; discretion exercised in light of all circumstances, including possible payment in or offer.

Citation
[1999] EWHC Technology 188
Parties
Claimant: Claimant; Defendant: Defendant; Claimant Advocate (costs Hearing): Miss Barwise
Jurisdiction
England and Wales
Procedural Posture
Civil / Post Preliminary Issues Trial, Costs Application
Outcome
Costs of preliminary issues reserved to conclusion of trial or disposal of remaining issues; no costs penalty for Claimant's renewed application.
Legal Topics
Costs, Preliminary Issues, Transitional Provisions, CPR Application
Civil Procedure Costs Preliminary Issues Transitional Provisions CPR Application

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Parties

Claimant

Claimant

Defendant

Defendant

Miss Barwise

Claimant Advocate (costs Hearing)

Procedural Posture

Civil / Post Preliminary Issues Trial, Costs Application

Legal Issues

  1. 1 Whether costs of preliminary issues trial should be awarded to Claimant or reserved
  2. 2 Which procedural rules apply to costs (RSC or CPR)
  3. 3 Effect of payments into court or offers on costs discretion

Ratio Decidendi

Costs of the preliminary issues trial are reserved to the conclusion of the trial or other disposal of the remaining issues, as the relevant events occurred under the old rules and parties' decisions were informed by those expectations; discretion exercised in light of all circumstances, including possible payment in or offer.

Court Disposition

Costs of preliminary issues reserved to conclusion of trial or disposal of remaining issues; no costs penalty for Claimant's renewed application.

Orders

  • Costs of preliminary issues reserved.
  • No costs penalty for Claimant's renewed application for costs.