Brenda Vainker & Anor v Marbank Construction Ltd & Ors (Costs)

Brenda Vainker & Anor v Marbank Construction Ltd & Ors (Costs)

The claimants were the overall winners against Marbank and SCd. Marbank is ordered to pay the claimants' costs of the action, subject to assessment and deduction for costs attributable solely to the settled claim against M&M. SCd is ordered to pay 15% of the claimants' costs, reflecting the limited success against it and the discrete nature of claims advanced. Interim payments are ordered: Marbank to pay 80% of the budgeted costs, SCd to pay 90% of 15% of the budgeted costs. Interest on costs is awarded at 3% above base rate from the date of payment. Marbank is to pay 50% of the claimants' costs of the pre-trial application regarding witness statements. The court declined to make an order...

Parties
Claimant: Brenda Vainker; Claimant: Francois Vainker; Defendant: Marbank Construction Ltd; Defendant: Mercer & Miller (A Firm); Defendant: SCD Architects Ltd
Jurisdiction
England and Wales
Judgment Date
07 October 2024
Procedural Posture
Civil Construction Dispute / Costs Judgment After Trial
Outcome
Costs judgment in favour of claimants, with percentage orders as specified.
Legal Topics
Costs, Issue Based Costs Orders, Interim Payments, Interest on Costs, Costs Budgeting
Civil Procedure Construction Law Costs Issue Based Costs Orders Interim Payments Interest on Costs Costs Budgeting

Case Brief

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Parties

Brenda Vainker

Claimant

Francois Vainker

Claimant

Marbank Construction Ltd

Defendant

Mercer & Miller (A Firm)

Defendant

SCD Architects Ltd

Defendant

Procedural Posture

Civil Construction Dispute / Costs Judgment After Trial

Legal Issues

  1. 1 What is the appropriate order for costs between the parties following judgment in a construction dispute involving multiple defendants?
  2. 2 Should issue-based or percentage costs orders be made given the claimants' partial success?
  3. 3 Are the claimants entitled to interim payments on account of costs and at what level?

Ratio Decidendi

The claimants were the overall winners against Marbank and SCd. Marbank is ordered to pay the claimants' costs of the action, subject to assessment and deduction for costs attributable solely to the settled claim against M&M. SCd is ordered to pay 15% of the claimants' costs, reflecting the limited success against it and the discrete nature of claims advanced. Interim payments are ordered: Marbank to pay 80% of the budgeted costs, SCd to pay 90% of 15% of the budgeted costs. Interest on costs is awarded at 3% above base rate from the date of payment. Marbank is to pay 50% of the claimants' costs of the pre-trial application regarding witness statements. The court declined to make an order...

Court Disposition

Costs judgment in favour of claimants, with percentage orders as specified.

Orders

  • Marbank Construction Ltd to pay the claimants' costs of the action, subject to assessment and deduction for costs solely attributable to Mercer & Miller.
  • SCD Architects Ltd to pay 15% of the claimants' costs of the claim.