Citation: 103 Con LR 54 TCC
Nature of case: This is the costs hearing of the substantive trial noted in this section, concerning an attempt to avoid the operation of a contractual liability cap. The defendant had agreed to the claimant accepting out of time a payment into court of £350,000, but did not agree with the claimant’s proposals as to costs. The claimant argued that it should receive all of its costs on preliminary issues, claiming that it was the successful party until it had failed to beat the payment in. The court did not accept this contention; it would not ignore the clear result of the only substantive hearing, which was victory for the defendant.
See other reports: [2005] All ER (D) 408 TCC
