000 01812cab a2200229 4500
001 L130352
008 050719n2005 000 0 eng u
035 _a(Sirsi) u130352
041 _aeng
245 _aMcGlinn v Waltham Contractors Ltd and others
260 _c2005
520 _a[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.
590 _aIKA020805
650 _aMCGLINN V WALTHAM CONTRACTORS AND OTHERS
650 _aSUPREME COURT ACT 1981 S51
650 _aPRE-ACTION PROTOCOL FOR THE CONSTRUCTION AND ENGINEERING DISPUTES
650 _aCALLERY V GRAY
650 _aRE GIBSON'S SETTLEMENT TRUSTS
690 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION
856 _uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/TCC/2005/1419.html&query=McGLINN&method=all
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942 _n0
999 _c75573
_d75573