AMEC Process and Energy Ltd v Stork Engineers & Contractors BV (No. 3) [2002] EWHC B1 (TCC) (15 March 2002)

AMEC Process and Energy Ltd v Stork Engineers & Contractors BV (No. 3) [2002] EWHC B1 (TCC) (15 March 2002)

The court held that the costs regime under the CPR applies to the whole action, including pre-CPR costs if reasonably incurred. The claim and counterclaim are so interwoven that costs should not be separated. Amec's pre-action and internal personnel costs are in principle recoverable if reasonable. Stork's conduct...

Source-derived case information.

Citation
[2002] EWHC B1 (TCC)
Parties
Claimant: Amec; Defendant: Stork
Jurisdiction
England and Wales
Judgment Date
15 March 2002
Procedural Posture
Civil / Post Trial Costs Determination
Outcome
Costs awarded to Amec on the standard basis, subject to detailed assessment.
Legal Topics
Costs Assessment, Indemnity Costs, Pre Action Protocol, Case Management, Pleadings, Counterclaims, CPR Transitional Provisions
Civil Procedure Construction Law Costs Assessment Indemnity Costs Pre Action Protocol Case Management Pleadings Counterclaims +1 more

Source-derived case record

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 4 Authorities cited 6 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Amec

Claimant

Stork

Defendant

Procedural Posture

Civil / Post Trial Costs Determination

Legal Issues

  1. 1 Whether costs should be awarded on the standard or indemnity basis
  2. 2 Whether Amec can recover costs for internal personnel assisting in case preparation
  3. 3 Whether pre-action protocol-type costs are recoverable

Ratio Decidendi

The court held that the costs regime under the CPR applies to the whole action, including pre-CPR costs if reasonably incurred. The claim and counterclaim are so interwoven that costs should not be separated. Amec's pre-action and internal personnel costs are in principle recoverable if reasonable. Stork's conduct contributed to increased costs. No fundamental change in Amec's case occurred pre-trial. The standard basis of costs applies unless specific conduct justifies indemnity costs.

Court Disposition

Costs awarded to Amec on the standard basis, subject to detailed assessment.

Orders

  • Costs of the action and counterclaim awarded to Amec, to be assessed on the standard basis.
  • Amec entitled to claim reasonable pre-action and internal personnel costs, subject to assessment.