Red and White Services Ltd v Phil Anslow Ltd & Anor

Red and White Services Ltd v Phil Anslow Ltd & Anor

A costs budget of £1.5 million for the claimant or third party is disproportionate given the financial value and overall significance of the claim. The appropriate recoverable costs for each party should not exceed £800,000, balancing quantum, complexity, and wider issues.

Parties
Claimant: Red and White Services Limited; Defendant: Phil Anslow Limited; Third Party: The Prudential Assurance Company
Jurisdiction
England and Wales
Judgment Date
23 May 2018
Procedural Posture
Competition Law Claim / Costs Management Judgment
Outcome
Court approved a budget for the future costs of each of the claimant and third party in a sum not exceeding £800,000 respectively.
Legal Topics
Costs Budgeting, Abuse of Dominance, Chapter 1 Competition Act 1998, Interaction Between Land Agreements and Competition Law, Proportionality in Costs
Competition Law Land Law Civil Procedure Costs Budgeting Abuse of Dominance Chapter 1 Competition Act 1998 Interaction Between Land Agreements and Competition Law Proportionality in Costs

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 4 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

Red and White Services Limited

Claimant

Phil Anslow Limited

Defendant

The Prudential Assurance Company

Third Party

Procedural Posture

Competition Law Claim / Costs Management Judgment

Legal Issues

  1. 1 Are the costs budgets submitted by the claimant and third party disproportionate relative to the value and significance of the claim?
  2. 2 Should the court approve, reduce, or refuse to make a costs management order for the budgets?
  3. 3 What is the appropriate level of recoverable costs for a competition law claim involving land agreements?

Ratio Decidendi

A costs budget of £1.5 million for the claimant or third party is disproportionate given the financial value and overall significance of the claim. The appropriate recoverable costs for each party should not exceed £800,000, balancing quantum, complexity, and wider issues.

Court Disposition

Court approved a budget for the future costs of each of the claimant and third party in a sum not exceeding £800,000 respectively.

Orders

  • Claimant and third party to file revised budgets in line with the declaration.
  • Court approved proportionate incurred costs for the third party at £190,000.