NAP Anglia Ltd v Sun -Land Development Co Ltd (No. 2) [2012] EWHC 51 (TCC) (23 January 2012)

NAP Anglia Ltd v Sun -Land Development Co Ltd (No. 2) [2012] EWHC 51 (TCC) (23 January 2012)

Costs incurred by claims consultants are in principle recoverable if reasonably incurred and reasonable in amount; NAP is entitled to 85% of its costs, not on an indemnity basis, reflecting the degree of success and time spent on unsuccessful issues.

Citation
[2012] EWHC 51 (TCC)
Parties
Claimant: NAP Anglia Ltd; Defendant: Sun-Land Development Co. Ltd
Jurisdiction
England and Wales
Judgment Date
23 January 2012
Procedural Posture
Costs Application Following Summary Judgment in Technology and Construction Court / Post Judgment Costs Determination
Outcome
Costs awarded to NAP Anglia Ltd at 85% of claimed amount, not on an indemnity basis.
Legal Topics
Adjudication Enforcement, Costs Assessment, Indemnity Costs, Recoverability of Third Party Consultant Fees
Civil Procedure Construction Law Adjudication Enforcement Costs Assessment Indemnity Costs Recoverability of Third Party Consultant Fees

Case Brief

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Parties

NAP Anglia Ltd

Claimant

Sun-Land Development Co. Ltd

Defendant

Procedural Posture

Costs Application Following Summary Judgment in Technology and Construction Court / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether costs should be awarded on an indemnity basis
  2. 2 Whether costs incurred by claims consultants are recoverable
  3. 3 What proportion of costs should be awarded given partial success

Ratio Decidendi

Costs incurred by claims consultants are in principle recoverable if reasonably incurred and reasonable in amount; NAP is entitled to 85% of its costs, not on an indemnity basis, reflecting the degree of success and time spent on unsuccessful issues.

Court Disposition

Costs awarded to NAP Anglia Ltd at 85% of claimed amount, not on an indemnity basis.

Orders

  • Sun-Land Development Co. Ltd to pay NAP Anglia Ltd £16,803.60 in respect of Prettys and counsel's fees, subject to arithmetical adjustment, within 14 days.
  • Sun-Land Development Co. Ltd to pay £2,040 plus VAT and £104.90 travel costs for HCC's work, subject to arithmetical adjustment, within 14 days.