Galliford Try Infrastructure Ltd v Mott MacDonald Ltd

Galliford Try Infrastructure Ltd v Mott MacDonald Ltd

MCL must pay MM's costs in their entirety on the standard basis due to rejection of Part 36 offer, despite MM losing on two issues; Rowen's costs to be paid by MM, with 50% paid by MCL, reflecting reasonableness and justice; interest awarded at 8% from specified dates; interim payments ordered; permission to appeal...

Source-derived case information.

Parties
Claimant: Galliford Try Infrastructure Limited (formerly Morrison Construction Limited and Morrison Construction Services Limited); Defendant: Mott MacDonald Limited; Third Party: Rowen Structures Limited
Jurisdiction
England and Wales
Judgment Date
17 July 2008
Procedural Posture
Civil / Post Trial Costs and Permission to Appeal Ruling
Outcome
Costs awarded as specified; permission to appeal refused; extension of time for application to appeal granted to 12 September 2008.
Legal Topics
Costs, Part 36 Offers, Duty of Care, Permission to Appeal, Interest on Costs
Civil Procedure Construction Law Professional Negligence Costs Part 36 Offers Duty of Care Permission to Appeal Interest on Costs

Source-derived case record

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Parties

Galliford Try Infrastructure Limited (formerly Morrison Construction Limited and Morrison Construction Services Limited)

Claimant

Mott MacDonald Limited

Defendant

Rowen Structures Limited

Third Party

Procedural Posture

Civil / Post Trial Costs and Permission to Appeal Ruling

Legal Issues

  1. 1 Entitlement to costs following outcome of main action and Part 20 proceedings
  2. 2 Effect of Part 36 offer on costs
  3. 3 Reasonableness of pleading contributory negligence and remedial route

Ratio Decidendi

MCL must pay MM's costs in their entirety on the standard basis due to rejection of Part 36 offer, despite MM losing on two issues; Rowen's costs to be paid by MM, with 50% paid by MCL, reflecting reasonableness and justice; interest awarded at 8% from specified dates; interim payments ordered; permission to appeal refused as issues are fact-sensitive and do not meet criteria.

Court Disposition

Costs awarded as specified; permission to appeal refused; extension of time for application to appeal granted to 12 September 2008.

Orders

  • MCL to pay MM's costs in entirety on standard basis
  • MM to pay Rowen's costs, with 50% paid by MCL