Buildability Ltd v O'Donnell Developments Ltd

Buildability Ltd v O'Donnell Developments Ltd

Buildability Limited was the successful party, having secured two valuable declarations, and is entitled to its costs except for those relating to ODD’s application. The conditional fee mark-up is disallowed as unreasonable and disproportionate given the circumstances, including failure to comply with the pre-action protocol and the nature of the relief obtained. Costs are summarily assessed at £28,000, reflecting necessary reductions for amendments, excessive attendances, and disproportionate charges.

Parties
Claimant: Buildability Limited; Defendant: O’Donnell Developments Limited
Jurisdiction
England and Wales
Judgment Date
08 December 2009
Procedural Posture
Civil (construction Dispute) / Costs Determination Following Agreed Declarations in Part 8 Proceedings
Outcome
ODD to pay BAL £28,000 for costs by 18 December 2009. No VAT payable as BAL is VAT registered. No order as to costs for ODD’s application.
Legal Topics
Costs Assessment, Conditional Fee Agreements, Declarations, Summary Assessment, Pre Action Protocol
Civil Procedure Construction Law Costs Assessment Conditional Fee Agreements Declarations Summary Assessment Pre Action Protocol

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Parties

Buildability Limited

Claimant

O’Donnell Developments Limited

Defendant

Procedural Posture

Civil (construction Dispute) / Costs Determination Following Agreed Declarations in Part 8 Proceedings

Legal Issues

  1. 1 Which party should pay the costs following agreed declarations in Part 8 proceedings?
  2. 2 How should the costs of the defendant's application be dealt with?
  3. 3 Is summary assessment of costs appropriate?

Ratio Decidendi

Buildability Limited was the successful party, having secured two valuable declarations, and is entitled to its costs except for those relating to ODD’s application. The conditional fee mark-up is disallowed as unreasonable and disproportionate given the circumstances, including failure to comply with the pre-action protocol and the nature of the relief obtained. Costs are summarily assessed at £28,000, reflecting necessary reductions for amendments, excessive attendances, and disproportionate charges.

Court Disposition

ODD to pay BAL £28,000 for costs by 18 December 2009. No VAT payable as BAL is VAT registered. No order as to costs for ODD’s application.

Orders

  • ODD to pay BAL £28,000 for costs by 18 December 2009.
  • No VAT payable on the costs.