ISG Retail Ltd v FK Construction Ltd (Consequential matters) [2024] EWHC 1159 (TCC) (16 May 2024)
Transferring the proceedings to Part 7 is likely to save costs and promote expeditious resolution compared to dismissal and starting afresh; FK's costs are summarily assessed at £133,000 as reasonable and proportionate.
- Citation
- [2024] EWHC 1159 (TCC)
- Parties
- Claimant: ISG Retail Limited; Defendant: FK Construction Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 16 May 2024
- Procedural Posture
- Consequential Matters Following Part 8 Proceedings / Post Judgment, Determination of Transfer to Part 7 and Costs
- Outcome
- Proceedings transferred to Part 7; FK's costs summarily assessed.
- Legal Topics
- Transfer of Proceedings, Summary Assessment of Costs, Case Management, Part 8 and Part 7 Procedures
Case Brief
Summary, issues, holding and outcome
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Parties
ISG Retail Limited
Claimant
FK Construction Limited
Defendant
Procedural Posture
Consequential Matters Following Part 8 Proceedings / Post Judgment, Determination of Transfer to Part 7 and Costs
Legal Issues
- 1 Whether proceedings should be transferred from Part 8 to Part 7
- 2 Summary assessment of costs
Ratio Decidendi
Transferring the proceedings to Part 7 is likely to save costs and promote expeditious resolution compared to dismissal and starting afresh; FK's costs are summarily assessed at £133,000 as reasonable and proportionate.
Court Disposition
Proceedings transferred to Part 7; FK's costs summarily assessed.
Orders
- Proceedings transferred to Part 7.
- ISG to serve revised Particulars of Claim by 7 June 2024.
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