McGlinn v Waltham Contractors Ltd and others
McGlinn v Waltham Contractors Ltd and others
- 2005
[2005] EWHC 1419 (TCC), 24 June 2005. Regarding a pre-action protocol for construction and engineering disputes over a claim for costs. The contractors (W) sought an interim payment for costs which had been thrown away at the pre-action stage considering and responding to M's claims The claims involved allegations of defective work which was so extensive that the property had to be demolished. W argued that, for the purposes of the Supreme Court Act 1981 s51, costs incurred by a party in complying with any pre-action protocol was capable of being costs incidental to any proceedings which were subsequently commenced. "Held": costs incurred by W at the pre-action protocol stage in successfully persuading a claimant to abandon a claim could not be considered as costs incidental to any subsequent proceedings, save in exceptional circumstances which gave rise to some sort of unreasonable conduct. Accordingly such costs were not recoverable under the Supreme Court Act 1981 s51.
MCGLINN V WALTHAM CONTRACTORS AND OTHERS
SUPREME COURT ACT 1981 S51
PRE-ACTION PROTOCOL FOR THE CONSTRUCTION AND ENGINEERING DISPUTES
CALLERY V GRAY
RE GIBSON'S SETTLEMENT TRUSTS
[2005] EWHC 1419 (TCC), 24 June 2005. Regarding a pre-action protocol for construction and engineering disputes over a claim for costs. The contractors (W) sought an interim payment for costs which had been thrown away at the pre-action stage considering and responding to M's claims The claims involved allegations of defective work which was so extensive that the property had to be demolished. W argued that, for the purposes of the Supreme Court Act 1981 s51, costs incurred by a party in complying with any pre-action protocol was capable of being costs incidental to any proceedings which were subsequently commenced. "Held": costs incurred by W at the pre-action protocol stage in successfully persuading a claimant to abandon a claim could not be considered as costs incidental to any subsequent proceedings, save in exceptional circumstances which gave rise to some sort of unreasonable conduct. Accordingly such costs were not recoverable under the Supreme Court Act 1981 s51.
MCGLINN V WALTHAM CONTRACTORS AND OTHERS
SUPREME COURT ACT 1981 S51
PRE-ACTION PROTOCOL FOR THE CONSTRUCTION AND ENGINEERING DISPUTES
CALLERY V GRAY
RE GIBSON'S SETTLEMENT TRUSTS