Citation: [2014] EWHC 1099 (Costs) (TCC)
The Technology and Construction Court considered the appropriate costs order to be made in multi-party litigation in which the claimant had been successful in its claim against a professional consultant and sub-contractor for damage caused by flooding at a residential development. The principal issue related to the appropriate costs consequences of the claimant's Part 36 offer which had been beaten at trial, with the court holding that the claimant was entitled to indemnity costs and interest. The fact that the defendant sub-contractor had been unable to secure a back-to-back agreement from a sub-sub-contractor did not render such an order unjust. Also, the Court decided that where costs were payable pursuant to a contractual indemnity, they were to be assessed on the indemnity basis.
Counsel: Simon Hargreaves QC appeared on behalf of the Third Party, HS Environmental Services Limited.
