Amber Construction Services Ltd v London Interspace Hg Ltd: TCC 18 Dec 2007

The parties had disputed the terms of a construction contract, but it was settled very shortly after issue of proceedings. The court was asked whether only fixed costs should be payable if the defendant to an issued claim admits or pays the sum claimed within a few days of the issue on or before the Acknowledgement of Service. The Defendant argued that the Claimant’s costs were limited to andpound;100, the fixed amount payable where liability in full is admitted.
Held: In both Rules 45.1 and 45.3, the Court retains a discretion to ‘order otherwise’. Thus, in appropriate cases, the Court retains its discretion to order such costs as are appropriate. Fixed costs applied in default if the Court does not otherwise order. In this case it was appropriate to use that discretion given the facts and background.

Judges:

Akenhead J

Citations:

[2007] EWHC 3042 (TCC), [2008] 1 EGLR 1, [2008] Bus LR D46, [2008] BLR 74, [2008] 9 EG 202

Links:

Bailii

Statutes:

Civil Procedure Rules 45.1

Costs, Civil Procedure Rules

Updated: 12 July 2022; Ref: scu.262895