Amber Construction Services Ltd v London Interspace HG Ltd [electronic resource]
Amber Construction Services Ltd v London Interspace HG Ltd [electronic resource]
- 2007
[2007] EWHC 3042 (TCC), 18 December 2007. Considers 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 or before the acknowledgement of service. Applicant contractor (A) applied for the full costs of its claim to enforce an adjudicator's award against respondent (L), which had admitted the sum claimed when it filed its acknowledgement of service. L argued that A's costs should be limited to £100, the fixed amount which is payable in circumstances where liability in full is admitted, under the Civil Procedure Rules Part 45. A contended that the rules about fixed costs did not apply in this case. "Held": as A had given L a clear warning that it would commence proceedings unless the adjudication sum was paid and it had followed the correct adjudication procedure, it was deemed unfair to limit it to fixed costs. Therefore the court ordered fuller costs to A, a summary assessment of which was £6 162.
AMBER CONSTRUCTION SERVICES LTD V LONDON INTERSPACE HG LTD
CIVIL PROCEDURE RULES PART 45
England and Wales--1543-
[2007] EWHC 3042 (TCC), 18 December 2007. Considers 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 or before the acknowledgement of service. Applicant contractor (A) applied for the full costs of its claim to enforce an adjudicator's award against respondent (L), which had admitted the sum claimed when it filed its acknowledgement of service. L argued that A's costs should be limited to £100, the fixed amount which is payable in circumstances where liability in full is admitted, under the Civil Procedure Rules Part 45. A contended that the rules about fixed costs did not apply in this case. "Held": as A had given L a clear warning that it would commence proceedings unless the adjudication sum was paid and it had followed the correct adjudication procedure, it was deemed unfair to limit it to fixed costs. Therefore the court ordered fuller costs to A, a summary assessment of which was £6 162.
AMBER CONSTRUCTION SERVICES LTD V LONDON INTERSPACE HG LTD
CIVIL PROCEDURE RULES PART 45
England and Wales--1543-