Case No. HT-11-503
Technology and Construction Court

Case No. HT-11-503

Fecha: 31-Jul-2012

a) Overview

165.The experts agreed that £127,005.87 ought to be rejected from this claim as being irrecoverable. However, subsequent to the joint statement, and in somewhat unsatisfactory circumstances, Mr Woodall then sought to argue that £28,336.72 of this ought to be reinstated. Unlike the previous section of this Judgment, these claims were concerned with materials. For the reasons set out in detail below, I considered that, from the outset, these items were rightly rejected by the experts and should not have been the subject of this attempt at a claw-back.166.When Mr Plewman provided his written closing submissions, he briefly noted that the evidential basis for these further amounts was insufficient, and predicted that “they will not be allowed”. Accordingly, he concluded that they should be abandoned. However, I deal briefly with these items in any event to demonstrate not only how and why Mr Plewman was right to abandon them, but to show the manifestly unreasonable nature of these claims and their pursuit up until the end of the trial.