Rokvic v Peacock [2014] EWHC 3729 (TCC) (13 October 2014)

Rokvic v Peacock [2014] EWHC 3729 (TCC) (13 October 2014)

A binding settlement agreement was reached by payment of the agreed sum, and in the exercise of discretion, the claimant is entitled to her costs because she succeeded in recovering the full net amount claimed through the proceedings.

Citation
[2014] EWHC 3729 (TCC)
Parties
Claimant: Rokvic; Defendant: Peacock
Jurisdiction
England and Wales
Judgment Date
13 October 2014
Procedural Posture
Enforcement of Adjudication Decisions Under Building Contract / Judgment on Costs Following Settlement
Outcome
Claimant entitled to costs; costs summarily assessed.
Legal Topics
Adjudication Enforcement, Settlement Agreements, Discontinuance of Proceedings, Costs Orders
Construction Law Civil Procedure Adjudication Enforcement Settlement Agreements Discontinuance of Proceedings Costs Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Rokvic

Claimant

Peacock

Defendant

Procedural Posture

Enforcement of Adjudication Decisions Under Building Contract / Judgment on Costs Following Settlement

Legal Issues

  1. 1 Whether a binding settlement agreement was reached by payment of the agreed sum
  2. 2 Whether the claimant is entitled to costs following discontinuance after settlement

Ratio Decidendi

A binding settlement agreement was reached by payment of the agreed sum, and in the exercise of discretion, the claimant is entitled to her costs because she succeeded in recovering the full net amount claimed through the proceedings.

Court Disposition

Claimant entitled to costs; costs summarily assessed.

Orders

  • Defendant to pay claimant's costs in the sum of £5,500 within 14 days.