LMS International Ltd & Ors v Styrene Packaging and Insulation Ltd & Ors [2005] EWHC 2113 (TCC) (30 September 2005)

LMS International Ltd & Ors v Styrene Packaging and Insulation Ltd & Ors [2005] EWHC 2113 (TCC) (30 September 2005)

The defendants' conduct, including their approach to mediation, disclosure, expert evidence, and bona fides, was not unreasonable to a high degree and did not justify indemnity costs; standard costs are appropriate.

Source-derived case information.

Citation
[2005] EWHC 2113 (TCC)
Parties
Claimant: LMS International Limited; Claimant: Wallaby Investments Limited; Claimant: Contract Experts Limited; Defendant: Styrene Packaging and Insulation Limited; Defendant: Paul Edge; Defendant: Michael Edge; Defendant: Maria Edge; Defendant: Robert Cooper
Jurisdiction
England and Wales
Judgment Date
30 September 2005
Procedural Posture
Application for Indemnity Costs / Post Liability Judgment, Costs Application
Outcome
Application for indemnity costs refused; costs awarded on standard basis.
Legal Topics
Costs, Indemnity Costs, Standard Costs, Litigation Conduct, Mediation, Disclosure, Expert Evidence
Civil Procedure Costs Indemnity Costs Standard Costs Litigation Conduct Mediation Disclosure Expert Evidence

Source-derived case record

Summary, issues, holding and outcome

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Parties

LMS International Limited

Claimant

Wallaby Investments Limited

Claimant

Contract Experts Limited

Claimant

Styrene Packaging and Insulation Limited

Defendant

Paul Edge

Defendant

Michael Edge

Defendant

Maria Edge

Defendant

Robert Cooper

Defendant

Procedural Posture

Application for Indemnity Costs / Post Liability Judgment, Costs Application

Legal Issues

  1. 1 Whether the defendants' conduct justified an order for indemnity costs rather than standard costs

Ratio Decidendi

The defendants' conduct, including their approach to mediation, disclosure, expert evidence, and bona fides, was not unreasonable to a high degree and did not justify indemnity costs; standard costs are appropriate.

Court Disposition

Application for indemnity costs refused; costs awarded on standard basis.

Orders

  • First Defendants to pay Claimants' costs of the liability issues, assessed on the standard basis if not agreed.