NUA Facades Ltd & Ors v Brady (t/a Terry Brady Developments Ltd [2019] EWHC 3526 (TCC) (19 December 2019)

NUA Facades Ltd & Ors v Brady (t/a Terry Brady Developments Ltd [2019] EWHC 3526 (TCC) (19 December 2019)

The defendant's conduct in advancing and maintaining serious allegations of fraud and dishonesty on a speculative and shifting basis, with little evidential support and without timely abandonment of unsustainable claims, constituted conduct outside the norm and was unreasonable to a high degree, justifying an order...

Source-derived case information.

Citation
[2019] EWHC 3526 (TCC)
Parties
Claimant: NUA Facades Limited; Claimant: NUA Interiors Limited; Claimant: Silk Property Developments Limited; Defendant: Terry Brady t/a Terry Brady Developments Limited
Jurisdiction
England and Wales
Judgment Date
19 December 2019
Procedural Posture
Civil (technology and Construction Court) / Post Trial Application for Costs and Interest
Outcome
Application granted; defendant to pay claimants' costs on the indemnity basis.
Legal Topics
Costs, Indemnity Costs, Fraud Allegations, Disclosure, Interest
Civil Procedure Construction Law Costs Indemnity Costs Fraud Allegations Disclosure Interest

Source-derived case record

Summary, issues, holding and outcome

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Parties

NUA Facades Limited

Claimant

NUA Interiors Limited

Claimant

Silk Property Developments Limited

Claimant

Terry Brady t/a Terry Brady Developments Limited

Defendant

Procedural Posture

Civil (technology and Construction Court) / Post Trial Application for Costs and Interest

Legal Issues

  1. 1 Whether the defendant should pay the claimants' costs on the indemnity basis
  2. 2 Whether the conduct of the defendant took the case out of the norm justifying indemnity costs

Ratio Decidendi

The defendant's conduct in advancing and maintaining serious allegations of fraud and dishonesty on a speculative and shifting basis, with little evidential support and without timely abandonment of unsustainable claims, constituted conduct outside the norm and was unreasonable to a high degree, justifying an order for indemnity costs in favour of the claimants.

Court Disposition

Application granted; defendant to pay claimants' costs on the indemnity basis.

Orders

  • Defendant to pay claimants' costs on the indemnity basis.