HT-2023-000006 - [2024] EWHC 2914 (TCC)

Fecha: 15-Nov-2024

Allocation of Costs 4 December 2023 to 1 March 2024

101.

This period covers the period between the 9 November 2023 and the date when the 8 February 2024 offer expired.

102.

The differences between this period and the previous period were as follows:

J&BH’s 9 November 2023 offer was quite close to a sufficient offer;

A & V’s Counter-Offer on 10 November 2023 was a long way from being a realistic assessment of A & V’s entitlements;

J&BH’s expert witness, Mr Geale, presented his first invoice for his services in the sum of £5,000 plus VAT of £1,000;

J&BH’s solicitors incurred what I have calculated as being £3,536 (net of VAT) in respect of costs relating to instructing Mr Geale.

103.

The first difference between this and the previous period is that during this period J&BH made its 9 November 2023 offer, which was not far off being an effective Part 36 offer shifting the cost burden from J&BH to A & V.

104.

The second difference was that A & V made a Counter-Offer on 10 November 2023, which was a very long way off being an effective Part 36 offer.

105.

The third difference in this period was that J&BH incurred expenses which can be clearly attributed to the large claim for damages.

106.

In my judgment the fair result in this period is that A & V as the successful party should have an order for costs in its favour during this period, but there should be a deduction or allowance in J&BH’s favour in respect of the costs clearly identifiable as relating to A & V’s damages claim – i.e. a total of £8,536.