Monavon Construction Ltd v Davenport & Anor

Monavon Construction Ltd v Davenport & Anor

Neither party behaved unreasonably or warrants adverse costs consequences; the litigation resulted in a 'drop hands' or 'score draw' with both parties winning and losing in equal measure. Each party is to bear its own costs, except for procedural costs orders already made.

Parties
Claimant: Monavon Construction Limited; Defendant: Mr Simon Davenport; Defendant: Mrs Angelika Davenport
Jurisdiction
England and Wales
Judgment Date
17 July 2006
Procedural Posture
Civil / Post Trial Judgment on Costs
Outcome
Each party to bear its own costs; procedural costs orders to stand.
Legal Topics
Costs, Contractual Liability, Defective Works, Set Off, Abatement
Civil Procedure Construction Law Costs Contractual Liability Defective Works Set Off Abatement

Case Brief

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Parties

Monavon Construction Limited

Claimant

Mr Simon Davenport

Defendant

Mrs Angelika Davenport

Defendant

Procedural Posture

Civil / Post Trial Judgment on Costs

Legal Issues

  1. 1 Entitlement to costs following judgment on claim and counterclaim
  2. 2 Assessment of parties' conduct for costs purposes
  3. 3 Determination of quantum for replacement carpets and damp proofing

Ratio Decidendi

Neither party behaved unreasonably or warrants adverse costs consequences; the litigation resulted in a 'drop hands' or 'score draw' with both parties winning and losing in equal measure. Each party is to bear its own costs, except for procedural costs orders already made.

Court Disposition

Each party to bear its own costs; procedural costs orders to stand.

Orders

  • Each party to pay its own costs.
  • Procedural costs orders previously made to remain in effect.