Vector Investments v Williams [2009] EWHC 3601 (TCC) (05 November 2009)

Vector Investments v Williams [2009] EWHC 3601 (TCC) (05 November 2009)

Vector, as recipient of £750,000 plus VAT, is the successful party and entitled to costs up to 19 September 2007. Due to failure to negotiate and unintentional exaggeration, Vector is entitled to only 50% of its costs after that date. Williams' wasted costs application for disclosure is not granted.

Citation
[2009] EWHC 3601 (TCC)
Parties
Claimant: Vector Investments; Defendant: J. D. Williams
Jurisdiction
England and Wales
Judgment Date
05 November 2009
Procedural Posture
Commercial Litigation (costs Determination) / Post Settlement, Costs Determination Following Tomlin Order
Outcome
Costs order in favour of Vector Investments, with reduction.
Legal Topics
Costs Determination, Settlement, Disclosure, Exaggeration of Claims, Offers to Settle
Civil Procedure Commercial Law Construction Law Costs Determination Settlement Disclosure Exaggeration of Claims Offers to Settle

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Parties

Vector Investments

Claimant

J. D. Williams

Defendant

Procedural Posture

Commercial Litigation (costs Determination) / Post Settlement, Costs Determination Following Tomlin Order

Legal Issues

  1. 1 Which party is the successful party for costs purposes after settlement?
  2. 2 Effect of offers to settle on costs determination
  3. 3 Impact of conduct and exaggeration on costs orders

Ratio Decidendi

Vector, as recipient of £750,000 plus VAT, is the successful party and entitled to costs up to 19 September 2007. Due to failure to negotiate and unintentional exaggeration, Vector is entitled to only 50% of its costs after that date. Williams' wasted costs application for disclosure is not granted.

Court Disposition

Costs order in favour of Vector Investments, with reduction.

Orders

  • Vector to recover its costs up to 19 September 2007.
  • Vector to recover 50% of its costs after 19 September 2007.