South Tees Development Corporation & Anor v PD Teesport Limited

South Tees Development Corporation & Anor v PD Teesport Limited

The defendant is the successful party and entitled to its costs, subject to a 20% deduction up to 21 September 2023 to reflect costs attributable to abandoned claims, with 100% of costs recoverable thereafter due to the claimants' rejection of a settlement offer which the defendant substantially beat at trial. The deduction is not doubled for both claimant and third party as they acted in the same interest and duplication of costs is not justified.

Parties
Claimant: South Tees Development Corporation; Claimant: South Tees Developments Limited; Defendant: PD Teesport Limited; Third Party: Teesworks Limited
Jurisdiction
England and Wales
Judgment Date
16 April 2024
Procedural Posture
Civil Property/commercial / Post Trial Ruling on Costs and Consequential Matters
Outcome
Defendant awarded costs subject to deductions and staged recovery.
Legal Topics
Costs, Rights of Way, Declaratory Relief, Issue Based Costs Orders, Settlement Offers
Civil Procedure Property Law Costs Rights of Way Declaratory Relief Issue Based Costs Orders Settlement Offers

Case Brief

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Parties

South Tees Development Corporation

Claimant

South Tees Developments Limited

Claimant

PD Teesport Limited

Defendant

Teesworks Limited

Third Party

Procedural Posture

Civil Property/commercial / Post Trial Ruling on Costs and Consequential Matters

Legal Issues

  1. 1 Who is the successful party for the purposes of costs?
  2. 2 Should there be a departure from the general rule on costs?
  3. 3 What is the effect of abandoned claims on costs?

Ratio Decidendi

The defendant is the successful party and entitled to its costs, subject to a 20% deduction up to 21 September 2023 to reflect costs attributable to abandoned claims, with 100% of costs recoverable thereafter due to the claimants' rejection of a settlement offer which the defendant substantially beat at trial. The deduction is not doubled for both claimant and third party as they acted in the same interest and duplication of costs is not justified.

Court Disposition

Defendant awarded costs subject to deductions and staged recovery.

Orders

  • Defendant to recover 80% of its costs from the claimants and third party up to 21 September 2023.
  • Defendant to recover 100% of its costs from the claimants and third party from 21 September 2023 onwards.