ISG Retail Ltd v FK Construction Ltd (Consequential matters) [2024] EWHC 1159 (TCC) (16 May 2024)

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

  1. 1 Whether proceedings should be transferred from Part 8 to Part 7
  2. 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.