000 01718cab a2200193 4500
001 ##L131793
008 051208n2005 000 0 eng u
035 _a(Sirsi) u131793
041 0 _aeng
245 0 0 _aWates Construction Ltd v HGP Greentree Allchurch Evans Ltd
260 _c2005
520 _a[2005] EWHC 2174 (TCC), 10 October 2005. In 2002 the roof of a retail unit collapsed, causing considerable damage. The unit had been constructed by W; the roof had been designed by H, a firm of architects. In June 2004, W issued Part 20 proceedings against H which it continued until the day of the trial, when it discontinued its claim. H submitted that W's conduct throughout had been so unreasonable that the court should assess H's costs on a indemnity basis, at least from the time witness statements were exchanged, when it was apparent that W's claim was hopeless. "Held": Even before exchange of witness statements, it should have been apparent to W that it had a weak case. Once these statements had been exchanged, it was clear that W had no case, and it should have then discontinued its claim. From that point, its conduct was so unreasonable that it justified an order for indemnity costs, particularly as an invitation by H to W to withdraw its claim and pay standard costs had been refused.
590 _aIKA030106
650 2 4 _aWATES CONSTRUCTION LTD V HGP GREENTREE ALLCHURCH EVANS LTD
650 2 4 _aCIVIL PROCEDURE RULES PART 44
690 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION
856 4 1 _uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/TCC/2005/2174.html
_zView the item free of charge at www.bailii.org...
942 _n0
999 _c76276
_d76276