C&S Associates UK Ltd v Enterprise Insurance Company Plc

C&S Associates UK Ltd v Enterprise Insurance Company Plc

Costs of the trial of preliminary issues are reserved except that C&S must bear the costs of preparation of Mr Lewis’s first report and 80% of the costs of preparing the bundles for the trial, due to deliberate inclusion of inadmissible expert evidence and unnecessary trial bundles. The preliminary issues resulted in mixed success, with neither party wholly successful, and the determination has narrowed the issues and limited the likely quantum of claims.

Parties
Claimant: C&S Associates UK Limited; Defendant: Enterprise Insurance Company PLC
Jurisdiction
England and Wales
Judgment Date
22 January 2016
Procedural Posture
Commercial Dispute / Post Trial of Preliminary Issues; Consequential Orders
Outcome
Costs of preliminary issues reserved except as ordered; case management hearing ordered.
Legal Topics
Repudiatory Breach, Variation of Contract, Costs Orders, Case Management
Contract Law Civil Procedure Repudiatory Breach Variation of Contract Costs Orders Case Management

Case Brief

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Parties

C&S Associates UK Limited

Claimant

Enterprise Insurance Company PLC

Defendant

Procedural Posture

Commercial Dispute / Post Trial of Preliminary Issues; Consequential Orders

Legal Issues

  1. 1 Whether C&S was in repudiation for refusing to deliver claims off-site
  2. 2 Whether pleaded allegations of breach by C&S were capable of amounting to repudiation
  3. 3 Whether the contract was varied to provide for a minimum two year period and increased fees

Ratio Decidendi

Costs of the trial of preliminary issues are reserved except that C&S must bear the costs of preparation of Mr Lewis’s first report and 80% of the costs of preparing the bundles for the trial, due to deliberate inclusion of inadmissible expert evidence and unnecessary trial bundles. The preliminary issues resulted in mixed success, with neither party wholly successful, and the determination has narrowed the issues and limited the likely quantum of claims.

Court Disposition

Costs of preliminary issues reserved except as ordered; case management hearing ordered.

Orders

  • C&S to bear costs of preparation of Mr Lewis’s first report.
  • C&S to bear 80% of the costs of preparing the bundles for the trial of the preliminary issues.