Citation: All ER (D) 408 TCC
Nature of case: This is the costs hearing of the litigation already reported concerning an attempt to avoid the operation of a liability cap in a contract. 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, maintaining 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] 103 Con LR 54 TCC
