Network Rail Infrastructure Ltd v Handy

Network Rail Infrastructure Ltd v Handy

The Defendants' conduct was not unreasonable to a high degree and did not take the case out of the norm; indemnity costs are not justified. Network Rail's delay was not unreasonable or reprehensible; interest is not disallowed for the period in question.

Parties
Claimant: Network Rail Infrastructure Limited; Defendant: Simon Handy; Defendant: Andrew James Ingram; Defendant: Rob Hatfield Limited; Defendant: Rhiannon Parry; Defendant: David Charles Godley
Jurisdiction
England and Wales
Judgment Date
20 May 2015
Procedural Posture
Civil / Costs and Interest Determination After Judgment
Outcome
Costs awarded to Claimant on a standard basis; interest awarded as claimed; reserved costs to be borne by Defendants.
Legal Topics
Indemnity Costs, Interest on Damages, Case Management, Delay in Litigation
Civil Procedure Costs Indemnity Costs Interest on Damages Case Management Delay in Litigation

Case Brief

Summary, issues, holding and outcome

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Parties

Network Rail Infrastructure Limited

Claimant

Simon Handy

Defendant

Andrew James Ingram

Defendant

Rob Hatfield Limited

Defendant

Rhiannon Parry

Defendant

David Charles Godley

Defendant

Procedural Posture

Civil / Costs and Interest Determination After Judgment

Legal Issues

  1. 1 Whether indemnity costs should be awarded against the Defendants
  2. 2 Whether interest should be disallowed for alleged delay by the Claimant

Ratio Decidendi

The Defendants' conduct was not unreasonable to a high degree and did not take the case out of the norm; indemnity costs are not justified. Network Rail's delay was not unreasonable or reprehensible; interest is not disallowed for the period in question.

Court Disposition

Costs awarded to Claimant on a standard basis; interest awarded as claimed; reserved costs to be borne by Defendants.

Orders

  • Defendants to pay Claimant's and their own costs on a standard basis.
  • Interest to run from dates of expenditure/losses until judgment at agreed rates with no disallowance for August 2007 to July 2008.