Bank of Ireland (Governors and Company of) & Anor v Watts Group Plc [2017] EWHC 2472 (TCC) (06 October 2017)

Bank of Ireland (Governors and Company of) & Anor v Watts Group Plc [2017] EWHC 2472 (TCC) (06 October 2017)

The claim was not hopeless from the outset and was supported by expert and factual evidence; therefore, indemnity costs were not justified except for the discrete costs relating to the defendant's QS expert and the oral evidence of the Bank's expert. The appropriate interim payment on account of costs is based on the approved costs budget, less a 15% reduction, resulting in £326,760.

Citation
[2017] EWHC 2472 (TCC)
Parties
Claimant: The Governors and Company of the Bank of Ireland; Claimant: Bank of Ireland (UK) PLC; Defendant: Watts Group PLC
Jurisdiction
England and Wales
Judgment Date
06 October 2017
Procedural Posture
Professional Negligence Claim / Post Trial Costs Judgment
Outcome
Costs to be assessed on the standard basis, except for the costs of the defendant's QS expert and the costs occasioned by the Bank's expert's oral evidence, which are to be assessed on the indemnity basis. Interim payment on account of costs ordered.
Legal Topics
Assessment of Costs, Indemnity Costs, Standard Basis Costs, Interim Payment on Account of Costs, Part 36 Offers
Civil Procedure Professional Negligence Costs Assessment of Costs Indemnity Costs Standard Basis Costs Interim Payment on Account of Costs Part 36 Offers

Case Brief

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Parties

The Governors and Company of the Bank of Ireland

Claimant

Bank of Ireland (UK) PLC

Claimant

Watts Group PLC

Defendant

Procedural Posture

Professional Negligence Claim / Post Trial Costs Judgment

Legal Issues

  1. 1 Whether costs should be assessed on an indemnity or standard basis
  2. 2 Whether any reductions or allowances should be made in favour of the Bank
  3. 3 Appropriate amount for interim payment on account of costs

Ratio Decidendi

The claim was not hopeless from the outset and was supported by expert and factual evidence; therefore, indemnity costs were not justified except for the discrete costs relating to the defendant's QS expert and the oral evidence of the Bank's expert. The appropriate interim payment on account of costs is based on the approved costs budget, less a 15% reduction, resulting in £326,760.

Court Disposition

Costs to be assessed on the standard basis, except for the costs of the defendant's QS expert and the costs occasioned by the Bank's expert's oral evidence, which are to be assessed on the indemnity basis. Interim payment on account of costs ordered.

Orders

  • Bank to pay Watts' costs on the standard basis, except for specified indemnity costs.
  • Bank to pay interest on costs at 2% over base from 23 October 2015.