LPI (Hotels) Ltd v Technical & General Guarantee Company SA

LPI (Hotels) Ltd v Technical & General Guarantee Company SA

It was reasonable for the Claimant to retain and use its accounting expert between 18 March and 1 June 2010, when both parties agreed expert evidence might be helpful, but not outside that period as the evidence was tangential and not strictly necessary.

Source-derived case information.

Parties
Claimant: LPI (Hotels) Limited; Defendant: Technical & General Guarantee Company SA
Jurisdiction
England and Wales
Judgment Date
02 August 2010
Procedural Posture
Civil / Post Trial Costs Determination
Outcome
Claimant entitled to recover costs related to its forensic accounting expert only for the period 18 March to 1 June 2010; costs outside that period are not recoverable.
Legal Topics
Costs, Expert Evidence, Repudiation of Contract
Civil Procedure Contract Law Costs Expert Evidence Repudiation of Contract

Source-derived case record

Summary, issues, holding and outcome

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Parties

LPI (Hotels) Limited

Claimant

Technical & General Guarantee Company SA

Defendant

Procedural Posture

Civil / Post Trial Costs Determination

Legal Issues

  1. 1 Whether costs related to the engagement of an accounting expert by the Claimant should be included in the costs payable by the Defendant

Ratio Decidendi

It was reasonable for the Claimant to retain and use its accounting expert between 18 March and 1 June 2010, when both parties agreed expert evidence might be helpful, but not outside that period as the evidence was tangential and not strictly necessary.

Court Disposition

Claimant entitled to recover costs related to its forensic accounting expert only for the period 18 March to 1 June 2010; costs outside that period are not recoverable.

Orders

  • Defendant to pay Claimant’s costs related to forensic accounting expert for period 18 March to 1 June 2010.
  • Costs outside that period for accounting expert are disallowed.