West African Gas Pipeline Company Ltd v Willbros Global Holdings Inc

West African Gas Pipeline Company Ltd v Willbros Global Holdings Inc

WAPCo's failures in de-duplication, document gathering, and review caused wasted costs for WGH. The court ordered WAPCo to pay specified percentages of WGH's costs for duplicates, redactions, and additional tranches, but declined to vary the original costs order from 6 October 2011. Payment on account was set at £135,000.

Parties
Claimant: West African Gas Pipeline Company Limited; Defendant: Willbros Global Holdings Inc
Jurisdiction
England and Wales
Judgment Date
27 February 2012
Procedural Posture
Civil / Ruling on Costs Applications Following Disclosure Disputes
Outcome
Costs orders granted in part; original costs order not varied.
Legal Topics
Disclosure, Costs, Electronic Disclosure, Case Management, International Construction Contracts
Civil Procedure Construction Law Disclosure Costs Electronic Disclosure Case Management International Construction Contracts

Case Brief

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Parties

West African Gas Pipeline Company Limited

Claimant

Willbros Global Holdings Inc

Defendant

Procedural Posture

Civil / Ruling on Costs Applications Following Disclosure Disputes

Legal Issues

  1. 1 Whether the costs order made on 6 October 2011 should be varied or set aside
  2. 2 Whether WGH is entitled to wasted costs due to deficiencies in WAPCo's disclosure
  3. 3 Appropriate allocation of costs for duplicate documents, redactions, and prolonged disclosure

Ratio Decidendi

WAPCo's failures in de-duplication, document gathering, and review caused wasted costs for WGH. The court ordered WAPCo to pay specified percentages of WGH's costs for duplicates, redactions, and additional tranches, but declined to vary the original costs order from 6 October 2011. Payment on account was set at £135,000.

Court Disposition

Costs orders granted in part; original costs order not varied.

Orders

  • WAPCo to pay WGH's costs of applications in paragraphs 3 to 6 of the application of 21 November 2011 in any event, assessed on a standard basis.
  • WAPCo to pay 80% of WGH's costs of dealing with duplicate documents identified in Herbert Smith's letter of 21 December 2011.