Dadu Ltd v Barrowfen Properties Ltd [electronic resource]
Dadu Ltd v Barrowfen Properties Ltd [electronic resource]
- 2008
[2008] EWCH 90110 (Costs), 5 August 2008. A party to an agreement should not rely on anything said to them by the other party during without-prejudice negotiations. A claimant landlord (B) opposed a lease renewal by its defendant tenant (D) on the grounds that it wanted to redevelop the property. B was unable to prove its case in court and a new lease was agreed with D. B agreed to pay D's legal costs as part of the settlement, which were estimated in earlier, without-prejudice, negotiations. D claimed legal costs at double this amount. At issue was whether B could rely on the estimate in cost-assessment proceedings marked without prejudice in order to show that D were now claiming much more. Held: finding for the defendant. Documents marked without prejudice should not be referred to subsequently. There are exceptions to the rule, but costs is not one of them.
DADU LTD V BARROWFEN PROPERTIES LTD
England and Wales--1543-
[2008] EWCH 90110 (Costs), 5 August 2008. A party to an agreement should not rely on anything said to them by the other party during without-prejudice negotiations. A claimant landlord (B) opposed a lease renewal by its defendant tenant (D) on the grounds that it wanted to redevelop the property. B was unable to prove its case in court and a new lease was agreed with D. B agreed to pay D's legal costs as part of the settlement, which were estimated in earlier, without-prejudice, negotiations. D claimed legal costs at double this amount. At issue was whether B could rely on the estimate in cost-assessment proceedings marked without prejudice in order to show that D were now claiming much more. Held: finding for the defendant. Documents marked without prejudice should not be referred to subsequently. There are exceptions to the rule, but costs is not one of them.
DADU LTD V BARROWFEN PROPERTIES LTD
England and Wales--1543-