Brian Warwicker Partnership Plc v Hok International Ltd

Brian Warwicker Partnership Plc v Hok International Ltd

The appropriate rate of interest is 6 percent, as no evidence justifies a higher rate. Costs of the Part 20 proceedings are to be paid by the respondent to the claimant on the standard basis, as neither the quantitative nor issue-based arguments warrant a departure from the general rule.

Source-derived case information.

Parties
Claimant: Brian Warwicker Partnership PLC; Respondent: HOK International Ltd
Jurisdiction
England and Wales
Judgment Date
11 November 2004
Procedural Posture
Civil / Post Trial Judgment on Interest and Costs
Outcome
Judgment for claimant on interest at 6 percent; respondent to pay claimant's costs of Part 20 proceedings on standard basis, to be assessed if not agreed.
Legal Topics
Interest on Judgment, Costs, Contribution Proceedings
Civil Procedure Construction Law Interest on Judgment Costs Contribution Proceedings

Source-derived case record

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Parties

Brian Warwicker Partnership PLC

Claimant

HOK International Ltd

Respondent

Procedural Posture

Civil / Post Trial Judgment on Interest and Costs

Legal Issues

  1. 1 What is the appropriate rate of interest to be applied to the contribution recoverable by the claimant?
  2. 2 How should costs of the Part 20 proceedings be apportioned between the parties?

Ratio Decidendi

The appropriate rate of interest is 6 percent, as no evidence justifies a higher rate. Costs of the Part 20 proceedings are to be paid by the respondent to the claimant on the standard basis, as neither the quantitative nor issue-based arguments warrant a departure from the general rule.

Court Disposition

Judgment for claimant on interest at 6 percent; respondent to pay claimant's costs of Part 20 proceedings on standard basis, to be assessed if not agreed.

Orders

  • Interest on the contribution recoverable by claimant set at 6 percent.
  • Respondent to pay claimant's costs of the Part 20 proceedings on the standard basis, to be assessed if not agreed.