Summary of Recent Cases – Costs

Court awards costs on the indemnity basis following unreasonable appraisal of case

The Mayor and Burgesses of the London Borough of Southwark v IBM UK Limited, TCC, 21/03/11

The Claimant had by the end of the trial abandoned its claims in relation to over half it allegations upon which it had relied throughout the proceedings, and a number of other claims including for breach of contract and misrepresentation that it had previously relied upon. The Claimant also had adduced no oral evidence to substantiate many of its allegations. There was some justification in the Defendant’s allegations that there had been a failure to effectively review the merits of the Claim and it had been unreasonable to reject an offer put forward by the Defendant close to trial in terms which were themselves unreasonable. Costs were therefore awarded on the standard basis until shortly prior to trial and on the indemnity basis thereafter.

April 22, 2011 · Editorial Team · Comments Closed
Posted in: Cases