Buildability Ltd v O'Donnell Developments Ltd [2009] EWHC 3196 (TCC) (08 December 2009)

Buildability Ltd v O'Donnell Developments Ltd [2009] EWHC 3196 (TCC) (08 December 2009)

Buildability Limited was the successful party in securing two valuable declarations and is entitled to its costs, but the conditional fee agreement uplift is disallowed as unreasonable and disproportionate in the circumstances. The costs claimed were marked down for proportionality and reasonableness, and a summary assessment was appropriate.

Citation
[2009] EWHC 3196 (TCC)
Parties
Claimant: Buildability Limited; Defendant: O'Donnell Developments Limited
Jurisdiction
England and Wales
Judgment Date
08 December 2009
Procedural Posture
Part 8 Claim (technology and Construction Court) / Costs Determination Following Agreed Declarations
Outcome
Costs order in favour of Buildability Limited, with summary assessment and disallowance of conditional fee uplift.
Legal Topics
Costs, Conditional Fee Agreements, Declarations, Summary Assessment, Contract Interpretation
Construction Law Civil Procedure Costs Conditional Fee Agreements Declarations Summary Assessment Contract Interpretation

Case Brief

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Parties

Buildability Limited

Claimant

O'Donnell Developments Limited

Defendant

Procedural Posture

Part 8 Claim (technology and Construction Court) / Costs Determination Following Agreed Declarations

Legal Issues

  1. 1 Which party should bear the costs after agreed declarations in Part 8 proceedings
  2. 2 Appropriateness of summary assessment of costs
  3. 3 Entitlement to recover conditional fee agreement uplift as costs

Ratio Decidendi

Buildability Limited was the successful party in securing two valuable declarations and is entitled to its costs, but the conditional fee agreement uplift is disallowed as unreasonable and disproportionate in the circumstances. The costs claimed were marked down for proportionality and reasonableness, and a summary assessment was appropriate.

Court Disposition

Costs order in favour of Buildability Limited, with summary assessment and disallowance of conditional fee uplift.

Orders

  • O'Donnell Developments Limited to pay Buildability Limited £28,000 for costs by 18 December 2009.
  • No VAT payable as Buildability Limited is VAT registered.