P4 Ltd. v Unite Integrated Solutions Plc [2006] EWHC 2924 (TCC) (17 November 2006)

P4 Ltd. v Unite Integrated Solutions Plc [2006] EWHC 2924 (TCC) (17 November 2006)

Unite's refusal to mediate and failure to provide information were unreasonable and deprived the parties of early resolution, justifying an order that Unite pay P4's costs up to 5 July 2005. However, after Unite's Part 36 payment, it is not unjust for P4 to pay Unite's costs from 5 July 2005, assessed on a standard basis.

Citation
[2006] EWHC 2924 (TCC)
Parties
Claimant: P4 Limited; Defendant: Unite Integrated Solutions PLC
Jurisdiction
England and Wales
Judgment Date
17 November 2006
Procedural Posture
Civil (technology and Construction Court) / Post Trial, Costs Determination
Outcome
Split costs order: Unite to pay P4's costs up to 5 July 2005; P4 to pay Unite's costs from 5 July 2005, all on a standard basis.
Legal Topics
Costs, Alternative Dispute Resolution (adr), Conversion, Retention of Title, Part 36 Offers
Civil Procedure Commercial Law Costs Alternative Dispute Resolution (adr) Conversion Retention of Title Part 36 Offers

Case Brief

Summary, issues, holding and outcome

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Parties

P4 Limited

Claimant

Unite Integrated Solutions PLC

Defendant

Procedural Posture

Civil (technology and Construction Court) / Post Trial, Costs Determination

Legal Issues

  1. 1 Whether the claimant is entitled to costs despite not beating the defendant's Part 36 offer
  2. 2 Whether the defendant's refusal to mediate and failure to provide information should affect the costs order

Ratio Decidendi

Unite's refusal to mediate and failure to provide information were unreasonable and deprived the parties of early resolution, justifying an order that Unite pay P4's costs up to 5 July 2005. However, after Unite's Part 36 payment, it is not unjust for P4 to pay Unite's costs from 5 July 2005, assessed on a standard basis.

Court Disposition

Split costs order: Unite to pay P4's costs up to 5 July 2005; P4 to pay Unite's costs from 5 July 2005, all on a standard basis.

Orders

  • Unite to pay P4's costs of the action up to 5 July 2005, assessed on a standard basis if not agreed.
  • P4 to pay Unite's costs of the action from 5 July 2005, assessed on a standard basis if not agreed.