ISG Retail Limited v FK Construction Limited (Consequential matters)

ISG Retail Limited v FK Construction Limited (Consequential matters)

Transferring the proceedings to Part 7 is more likely to avoid delay and increased costs than dismissal and fresh proceedings; FK's costs are summarily assessed at £133,000 as a reasonable and proportionate figure given the circumstances.

Parties
Claimant: ISG Retail Limited; Defendant: FK Construction Limited
Jurisdiction
England and Wales
Judgment Date
24 November 2024
Procedural Posture
Civil (technology and Construction Court) / Judgment on Consequential Matters Following Refusal of Declarations in Part 8 Proceedings
Outcome
Proceedings transferred to Part 7; FK awarded costs of £133,000, summarily assessed.
Legal Topics
Transfer From Part 8 to Part 7, Summary Assessment of Costs, Case Management Powers
Civil Procedure Construction Law Transfer From Part 8 to Part 7 Summary Assessment of Costs Case Management Powers

Case Brief

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Parties

ISG Retail Limited

Claimant

FK Construction Limited

Defendant

Procedural Posture

Civil (technology and Construction Court) / Judgment on Consequential Matters Following Refusal of Declarations in Part 8 Proceedings

Legal Issues

  1. 1 Whether proceedings should continue under Part 7 after refusal of declarations in Part 8
  2. 2 Appropriate summary assessment of costs

Ratio Decidendi

Transferring the proceedings to Part 7 is more likely to avoid delay and increased costs than dismissal and fresh proceedings; FK's costs are summarily assessed at £133,000 as a reasonable and proportionate figure given the circumstances.

Court Disposition

Proceedings transferred to Part 7; FK awarded costs of £133,000, summarily assessed.

Orders

  • Proceedings transferred to Part 7.
  • ISG to serve revised Particulars of Claim by 7th June 2024.