Renewable Power & Light Ltd v McCarthy Tetrault & Ors

Grant Thornton is entitled to an indemnity for its reasonable legal costs incurred in defending the proceedings and counterclaim, as per the contractual provisions, with costs to be assessed on the indemnity basis and interest awarded.

Parties: Claimant: Renewable Power & Light Ltd; Defendant: McCarthy Tetrault & Ors; Third Defendant: Grant Thornton (UK) LLP
Jurisdiction: England and Wales
Judgment Date: 18 November 2014
Procedural Posture: Civil / Post Discontinuance, Determination of Counterclaim and Costs
Outcome: Counterclaim stayed in part; declaration of entitlement to indemnity; order for costs on indemnity basis; interest awarded; payment on account ordered.
Legal Topics: Contractual Indemnity, Costs Assessment, Interest on Costs, Counterclaim Procedure

Contract Law Civil Procedure Contractual Indemnity Costs Assessment Interest on Costs Counterclaim Procedure

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Parties

Renewable Power & Light Ltd

Claimant

McCarthy Tetrault & Ors

Defendant

Grant Thornton (UK) LLP

Third Defendant

Procedural Posture

Civil / Post Discontinuance, Determination of Counterclaim and Costs

Legal Issues

1 Entitlement to contractual indemnity for legal costs
2 Application of indemnity clauses to claims by contracting party
3 Assessment of costs on indemnity basis

Ratio Decidendi

Court Disposition

Counterclaim stayed in part; declaration of entitlement to indemnity; order for costs on indemnity basis; interest awarded; payment on account ordered.

Orders

Part of counterclaim (paragraphs 114-119) stayed on terms.
Declaration that Grant Thornton is entitled to indemnity for reasonable legal costs.