NAP Anglia Ltd v Sun -Land Development Co Ltd (No. 2)

NAP Anglia Ltd v Sun -Land Development Co Ltd (No. 2)

Costs incurred by claims consultants assisting solicitors in enforcement proceedings are recoverable if directly attributable to the application and reasonable in amount; indemnity costs are not justified given partial success and conduct; 85% of NAP's costs are to be paid by Sun-Land.

Parties
Claimant: NAP Anglia Ltd; Defendant: Sun-Land Development Co. Ltd
Jurisdiction
England and Wales
Judgment Date
23 January 2012
Procedural Posture
Application for Summary Judgment and Costs Enforcement / Post Judgment Costs Assessment
Outcome
Costs assessed and awarded; indemnity costs refused; 85% of NAP's costs to be paid by Sun-Land.
Legal Topics
Adjudication Enforcement, Costs Assessment, Indemnity Costs, Third Party Costs Recovery
Civil Procedure Construction Law Adjudication Enforcement Costs Assessment Indemnity Costs Third Party Costs Recovery

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Parties

NAP Anglia Ltd

Claimant

Sun-Land Development Co. Ltd

Defendant

Procedural Posture

Application for Summary Judgment and Costs Enforcement / Post Judgment Costs Assessment

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 Appropriate proportion of costs to be paid by the defendant

Ratio Decidendi

Costs incurred by claims consultants assisting solicitors in enforcement proceedings are recoverable if directly attributable to the application and reasonable in amount; indemnity costs are not justified given partial success and conduct; 85% of NAP's costs are to be paid by Sun-Land.

Court Disposition

Costs assessed and awarded; indemnity costs refused; 85% of NAP's costs to be paid by Sun-Land.

Orders

  • Sun-Land to pay 85% of NAP's costs as assessed.
  • Sums assessed as recoverable to be paid within 14 days.