North Midland Construction Plc v Geo Networks Ltd [2015] EWHC 3063 (TCC) (30 October 2015)

North Midland Construction Plc v Geo Networks Ltd [2015] EWHC 3063 (TCC) (30 October 2015)

Claimant's conduct justified Defendant's applications; Defendant entitled to costs in both claims, with solicitors' costs reduced proportionally and counsel's fees deemed reasonable.

Citation
[2015] EWHC 3063 (TCC)
Parties
Claimant: North Midland Construction plc; Defendant: Geo Networks Ltd
Jurisdiction
England and Wales
Judgment Date
30 October 2015
Procedural Posture
Costs Determination Following Applications to Strike Out and for Relief From Sanctions / Post Judgment, Costs Assessment
Outcome
Costs summarily assessed and awarded to Defendant in both claims.
Legal Topics
Relief From Sanctions, Strike Out Applications, Costs Assessment
Civil Procedure Relief From Sanctions Strike Out Applications Costs Assessment

Case Brief

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Parties

North Midland Construction plc

Claimant

Geo Networks Ltd

Defendant

Procedural Posture

Costs Determination Following Applications to Strike Out and for Relief From Sanctions / Post Judgment, Costs Assessment

Legal Issues

  1. 1 Whether costs should be summarily assessed or subject to detailed assessment
  2. 2 Who should bear the costs of the applications in both claims

Ratio Decidendi

Claimant's conduct justified Defendant's applications; Defendant entitled to costs in both claims, with solicitors' costs reduced proportionally and counsel's fees deemed reasonable.

Court Disposition

Costs summarily assessed and awarded to Defendant in both claims.

Orders

  • Claimant to pay Defendant £17,850 in Fibrespeed claim within 14 days.
  • Claimant to pay Defendant £18,750.88 in Project Yellow claim within 14 days.