Crestfort Ltd & Ors v Tesco Stores Ltd & Anor

Crestfort Ltd & Ors v Tesco Stores Ltd & Anor

Claimants were entirely successful and the issues they failed on were subsidiary; Defendants' conduct and rejection of reasonable offers justified awarding Claimants all their costs, with indemnity costs and enhanced interest from the date of the relevant offer.

Parties
Claimant: Crestfort Limited; Claimant: Halepoint Limited; Claimant: Yorkstream Properties Limited; Defendant/part 20 Claimant: Tesco Stores Limited; Defendant: Magspeed Limited
Jurisdiction
England and Wales
Judgment Date
11 November 2005
Procedural Posture
Civil / Post Judgment (costs and Effect of Injunction)
Outcome
Claimants awarded all their costs; indemnity costs and enhanced interest against Tesco from 5 October 2004; immediate payment on account ordered.
Legal Topics
Breach of Covenant, Costs, Injunction, Damages, Indemnity Costs, Interest
Landlord and Tenant Contract Breach of Covenant Costs Injunction Damages Indemnity Costs Interest

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Crestfort Limited

Claimant

Halepoint Limited

Claimant

Yorkstream Properties Limited

Claimant

Tesco Stores Limited

Defendant/part 20 Claimant

Magspeed Limited

Defendant

Procedural Posture

Civil / Post Judgment (costs and Effect of Injunction)

Legal Issues

  1. 1 Whether costs should follow the event or be reduced due to subsidiary issues
  2. 2 Whether indemnity costs should be awarded against Tesco
  3. 3 Whether interest should be awarded on costs and at what rate

Ratio Decidendi

Claimants were entirely successful and the issues they failed on were subsidiary; Defendants' conduct and rejection of reasonable offers justified awarding Claimants all their costs, with indemnity costs and enhanced interest from the date of the relevant offer.

Court Disposition

Claimants awarded all their costs; indemnity costs and enhanced interest against Tesco from 5 October 2004; immediate payment on account ordered.

Orders

  • Tesco to pay Claimants £77,000 plus interest in damages (by consent)
  • Defendants to pay Claimants all their costs of the action and counterclaim