Amber Construction Services Ltd v London Interspace HG Ltd

Amber Construction Services Ltd v London Interspace HG Ltd

The court exercised its discretion to award costs above the fixed amount because the Defendant's conduct indicated an intention to defend, the Claimant followed proper procedure, and it would be unfair to limit costs to the fixed sum in these circumstances.

Parties
Claimant: Amber Construction Services Limited; Defendant: London Interspace HG Limited
Jurisdiction
England and Wales
Judgment Date
18 December 2007
Procedural Posture
Civil (construction/adjudication Enforcement) / Costs Determination After Admission of Claim
Outcome
Claimant awarded assessed costs above fixed amount
Legal Topics
Adjudication Enforcement, Fixed Costs, Summary Judgment, Costs Discretion
Civil Procedure Construction Law Adjudication Enforcement Fixed Costs Summary Judgment Costs Discretion

Case Brief

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Parties

Amber Construction Services Limited

Claimant

London Interspace HG Limited

Defendant

Procedural Posture

Civil (construction/adjudication Enforcement) / Costs Determination After Admission of Claim

Legal Issues

  1. 1 Whether only fixed costs are payable when the defendant admits or pays the sum claimed shortly after issue and before Acknowledgement of Service
  2. 2 Whether the court should exercise discretion to award higher costs than the fixed amount under CPR 45

Ratio Decidendi

The court exercised its discretion to award costs above the fixed amount because the Defendant's conduct indicated an intention to defend, the Claimant followed proper procedure, and it would be unfair to limit costs to the fixed sum in these circumstances.

Court Disposition

Claimant awarded assessed costs above fixed amount

Orders

  • Claimant awarded £6,162.00 in costs by summary assessment
  • Claimant's solicitors to draw up the order and submit to the court