NUA Facades Ltd & Ors v Brady (t/a Terry Brady Developments Ltd

NUA Facades Ltd & Ors v Brady (t/a Terry Brady Developments Ltd

The defendant's conduct in advancing and maintaining wide-ranging, thinly evidenced, and ultimately unsuccessful allegations of fraud and dishonesty, which were only abandoned at trial, was unreasonable to a high degree and took the case outside the norm, justifying an order for indemnity costs in favour of the claimants.

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 / Post Trial Costs Ruling
Outcome
Application for indemnity costs granted in favour of the claimants.
Legal Topics
Costs, Indemnity Costs, Fraud Allegations, Disclosure, Litigation Conduct
Civil Procedure Construction Law Costs Indemnity Costs Fraud Allegations Disclosure Litigation Conduct

Case Brief

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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 / Post Trial Costs Ruling

Legal Issues

  1. 1 Whether the defendant should pay the claimants' costs on the indemnity basis
  2. 2 Whether the conduct of the defendant in advancing and maintaining allegations of fraud and dishonesty justified indemnity costs

Ratio Decidendi

The defendant's conduct in advancing and maintaining wide-ranging, thinly evidenced, and ultimately unsuccessful allegations of fraud and dishonesty, which were only abandoned at trial, was unreasonable to a high degree and took the case outside the norm, justifying an order for indemnity costs in favour of the claimants.

Court Disposition

Application for indemnity costs granted in favour of the claimants.

Orders

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