BMG (Mansfield) Ltd & Ors v Galliford Try Construction Ltd & Ors

BMG (Mansfield) Ltd & Ors v Galliford Try Construction Ltd & Ors

The Defendants are to pay 50% of the Claimants’ costs of the applications due to their over-aggressive and disproportionate opposition, but the Claimants are not entitled to recover costs related to their former expert, and must bear certain amendment-related costs themselves.

Parties
Claimant: BMG (Mansfield) Ltd; Claimant: The BMG (Mansfield) Ltd Partnership; Defendant: Galliford Try Construction Ltd; Defendant: Aedas Architects Ltd
Jurisdiction
England and Wales
Judgment Date
15 November 2013
Procedural Posture
Civil / Costs Ruling After Application to Amend Particulars of Claim and Instruct New Expert
Outcome
Costs order made; Defendants to pay 50% of Claimants’ costs of applications, with further specific directions on costs allocation.
Legal Topics
Costs, Amendment of Pleadings, Expert Evidence
Civil Procedure Costs Amendment of Pleadings Expert Evidence

Case Brief

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Parties

BMG (Mansfield) Ltd

Claimant

The BMG (Mansfield) Ltd Partnership

Claimant

Galliford Try Construction Ltd

Defendant

Aedas Architects Ltd

Defendant

Procedural Posture

Civil / Costs Ruling After Application to Amend Particulars of Claim and Instruct New Expert

Legal Issues

  1. 1 Entitlement to costs following application to amend Particulars of Claim and instruct a new expert
  2. 2 Appropriate allocation of costs between parties for various amendments and expert evidence

Ratio Decidendi

The Defendants are to pay 50% of the Claimants’ costs of the applications due to their over-aggressive and disproportionate opposition, but the Claimants are not entitled to recover costs related to their former expert, and must bear certain amendment-related costs themselves.

Court Disposition

Costs order made; Defendants to pay 50% of Claimants’ costs of applications, with further specific directions on costs allocation.

Orders

  • Defendants to pay 50% of Claimants’ costs of the applications, in equal shares, joint and several liability.
  • Claimants’ costs of instructing Mr. Streeter not recoverable.