Lazari v London & Newcastle (Camden) Ltd

Lazari v London & Newcastle (Camden) Ltd

Given L&N's admitted liability for the defects, procedural non-compliance, and the likelihood that Ms Lazari will recover at least some damages, it is appropriate to order L&N to pay £30,000 into court as an interim payment, preserving the status quo and encouraging settlement, without stifling L&N's defence.

Parties
Claimant: Andrie Lazari; Defendant: London & Newcastle (Camden) Limited
Jurisdiction
England and Wales
Judgment Date
31 January 2013
Procedural Posture
Civil / Interlocutory Application for Conditional Order and Interim Payment
Outcome
Application granted in part
Legal Topics
Conditional Orders, Interim Payments, Security for Costs, Case Management, Breach of Contract, Defective Premises
Civil Procedure Contract Law Construction Law Conditional Orders Interim Payments Security for Costs Case Management Breach of Contract +1 more

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Parties

Andrie Lazari

Claimant

London & Newcastle (Camden) Limited

Defendant

Procedural Posture

Civil / Interlocutory Application for Conditional Order and Interim Payment

Legal Issues

  1. 1 Whether the court should order the defendant to pay money into court as a condition for defending the claim under CPR 3.1 and/or as an interim payment under CPR 25.7
  2. 2 Whether the defendant's procedural non-compliance and admission of liability justify such an order
  3. 3 Whether the amount sought is appropriate given the circumstances

Ratio Decidendi

Given L&N's admitted liability for the defects, procedural non-compliance, and the likelihood that Ms Lazari will recover at least some damages, it is appropriate to order L&N to pay £30,000 into court as an interim payment, preserving the status quo and encouraging settlement, without stifling L&N's defence.

Court Disposition

Application granted in part

Orders

  • L&N to pay £30,000 into court within 14 days as an interim payment.
  • Ms Lazari awarded 75% of her summarily assessed costs (£4,636.50) to be paid by L&N within 14 days.