RESOURCE RECOVERY SOLUTIONS (DERBYSHIRE) LIMITED v DERBYSHIRE COUNTY COUNCIL & Anor.
[2022] EWHC 1209 (TCC)
WOL (London) LLP v Croydon Investments Limited & Ors (Costs)
6 March 2024
[2024] EWHC 485 (TCC)
High Court
A company sued another, and tried to get the lawsuit dismissed or immediately win. They failed. The court made the losing company pay most of the winning company's legal costs, and also the costs of a third company that was involved.
Key Facts
- •Claimant (WOL (London) LLP) brought an action against Defendants (Croydon Investments Limited, RGB P&C Limited, and Stroma Building Control Limited).
- •First Defendant applied to strike out the Amended Particulars of Claim or for summary judgment.
- •The court dismissed the First Defendant's application.
- •Claimant applied to re-amend the Particulars of Claim.
- •Cost issues arose between the Claimant and First Defendant, and between the First and Third Defendant.
Legal Principles
Costs are awarded based on the success of an application.
Court's inherent jurisdiction to manage costs.
Indemnity costs are awarded only in exceptional circumstances.
Court's discretion in awarding costs.
A party with an active interest in an application may be awarded costs even if not a party to the application.
Court's discretion in awarding costs.
Outcomes
Claimant granted permission to re-amend the Particulars of Claim.
The re-amendment addressed deficiencies identified in the original pleading.
First Defendant to pay 90% of Claimant's costs on the standard basis.
First Defendant's application substantially failed, with the reduction reflecting the need for re-amendment.
First Defendant to pay Third Defendant's costs.
Third Defendant reasonably attended given its active interest in the application, and the application failed.
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