WOL (London) LLP v Croydon Investments Limited & Ors (Costs)
[2024] EWHC 485 (TCC)
Pinewood Technologies Asia Pacific Limited v Pinewood Technologies Plc
12 April 2024
[2024] EWHC 802 (TCC)
High Court
One company didn't pay what it owed. The other company almost won a case to get the first company's case thrown out. The judge said the company that almost won should get most of its legal costs paid by the losing company, but the exact amount will be decided later. The losing company must pay a large part of the costs immediately.
Key Facts
- •Pinewood Technologies Asia Pacific Limited (Claimant) failed to make payments ordered by the court.
- •Defendant applied to strike out the Claimant's claim unless payments were made.
- •Claimant applied for an extension of time to pay.
- •The court granted the Defendant's application but with an extension until June 1st, 2024.
- •The court then considered costs.
- •Defendant's claimed costs were £93,743, Claimant's £30,981.80.
Legal Principles
Costs generally follow the event, meaning the unsuccessful party pays the successful party's costs.
Implicit in the judgment, standard legal principle.
Outcomes
Claimant to pay 90% of Defendant's costs.
Defendant was substantially the winning party, obtaining the unless order, and the Claimant's explanations for non-payment were rejected. However, the Claimant was granted some relief by the extension.
Costs to be subject to detailed assessment on the standard basis.
The Defendant's claimed costs were considered surprisingly high and thus unsuitable for summary assessment.
Claimant to make an interim payment of £45,000 (90% of £50,000) within 28 days.
Interim payment is appropriate given the costs order.
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