Fitzroy Robinson Ltd v Mentmore Towers Ltd
Citation: EWHC 98 (TCC); [2010] All E.R. (D) 84 (Oct)
Nature of case:
Fitzroy Robinson’s claim against Mentmore Towers had been the subject of a liability hearing, at which Mentmore Towers were found to be liable for unpaid fees for architectural work, albeit on a basis different to that pleaded initially. An allegation of fraudulent misrepresentation against Fitzroy Robinson was also upheld, but its effect on quantum was modest. Coulson J therefore made a costs order in favour of the defendant for the period to the end of the liability hearing, with a 25% reduction to reflect costs expended on the fraudulent misrepresentation issue.
Coulson J further ordered that Mentmore Towers’ failure to make a reasonable offer to settle between the liability hearing and the quantum hearing, and their efforts to postpone the quantum hearing at a Pre-Trial Review, justified an order for costs in Fitzroy Robinson’s favour, on the standard basis up until the Pre-Trial Review, and on the indemnity basis thereafter.
