BDW Trading Ltd v Lantoom Ltd

BDW Trading Ltd v Lantoom Ltd

The five-fold increase in collected and reviewed documents was a significant development not anticipated in the original costs budgets, justifying partial increases in the claimant's and defendant's costs budgets for witness statement and expert report phases. However, the amounts claimed by the claimant were excessive and only partially allowed, with corresponding increases for the defendant.

Parties
Claimant: BDW Trading Limited; Defendant: Lantoom Limited
Jurisdiction
England and Wales
Judgment Date
16 October 2020
Procedural Posture
Civil / Pre Trial Review
Outcome
Costs budgets partially revised; claimant and defendant allowed increases for witness statement and expert report phases.
Legal Topics
Costs Management, Disclosure, Misrepresentation, Unfair Contract Terms
Civil Procedure Contract Law Costs Management Disclosure Misrepresentation Unfair Contract Terms

Case Brief

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Parties

BDW Trading Limited

Claimant

Lantoom Limited

Defendant

Procedural Posture

Civil / Pre Trial Review

Legal Issues

  1. 1 Whether significant developments justify revision of costs budgets
  2. 2 Whether increases in costs budgets for witness statement and expert report phases are reasonable and proportionate

Ratio Decidendi

The five-fold increase in collected and reviewed documents was a significant development not anticipated in the original costs budgets, justifying partial increases in the claimant's and defendant's costs budgets for witness statement and expert report phases. However, the amounts claimed by the claimant were excessive and only partially allowed, with corresponding increases for the defendant.

Court Disposition

Costs budgets partially revised; claimant and defendant allowed increases for witness statement and expert report phases.

Orders

  • Claimant's costs budget increased by £50,000 for witness statement phase (£40,000 solicitor time, £10,000 counsel fees).
  • Defendant's costs budget increased by £20,000 for witness statement phase.