RESOURCE RECOVERY SOLUTIONS (DERBYSHIRE) LIMITED v DERBYSHIRE COUNTY COUNCIL & Anor.

RESOURCE RECOVERY SOLUTIONS (DERBYSHIRE) LIMITED v DERBYSHIRE COUNTY COUNCIL & Anor.

The Claimant succeeded on the summary judgment/strike out application and is entitled to its costs on the standard basis, not indemnity, as the Defendants' conduct was not unreasonable to a high degree. For the Reply Strike Out, the Defendants are entitled to their costs up to the Amended Reply, and the Claimant is...

Source-derived case information.

Parties
Claimant: Resource Recovery Solutions (Derbyshire) Limited; Defendant: Derbyshire County Council; Defendant: Derby City Council
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil / Post Summary Judgment/strike Out Application; Costs Determination
Outcome
Claimant awarded costs of summary judgment/strike out application on standard basis; Defendants awarded costs of Reply Strike Out up to Amended Reply; Claimant awarded costs post-Amended Reply, all on standard basis.
Legal Topics
Costs, Summary Judgment, Strike Out, Indemnity Costs
Civil Procedure Costs Summary Judgment Strike Out Indemnity Costs

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Parties

Resource Recovery Solutions (Derbyshire) Limited

Claimant

Derbyshire County Council

Defendant

Derby City Council

Defendant

Procedural Posture

Civil / Post Summary Judgment/strike Out Application; Costs Determination

Legal Issues

  1. 1 Whether costs should be awarded on an indemnity or standard basis following dismissal of summary judgment/strike out application
  2. 2 Appropriate allocation of costs for different periods of the strike out application

Ratio Decidendi

The Claimant succeeded on the summary judgment/strike out application and is entitled to its costs on the standard basis, not indemnity, as the Defendants' conduct was not unreasonable to a high degree. For the Reply Strike Out, the Defendants are entitled to their costs up to the Amended Reply, and the Claimant is entitled to its costs thereafter, all on the standard basis.

Court Disposition

Claimant awarded costs of summary judgment/strike out application on standard basis; Defendants awarded costs of Reply Strike Out up to Amended Reply; Claimant awarded costs post-Amended Reply, all on standard basis.

Orders

  • Claimant to recover costs of summary judgment/strike out application on standard basis.
  • Defendants to recover costs of Reply Strike Out application up to service of Amended Reply on standard basis.