Community Gateway Association Ltd v Beha Williams Norman Ltd (Costs)
Citation: EWHC 2994 (TCC); [2011] All E.R. (D) 120 (Dec)
Nature of case:
The Court was required to decide on appropriate costs orders following a hearing in which Community Gateway had succeeded on only a minority of the issues pleaded, and in any case had failed to obtain judgment in their favour. Further Beha Williams Norman had made a Part 36 offer that had not been accepted, and that Community Gateway had clearly failed to beat at trial.
Akenhead J made an order in favour of Beha Williams Norman on the standard basis up to the expiry of 21 days from the Part 36 offer, and on the indemnity basis thereafter. A discount of 15% was ordered to reflect the fact that Beha Williams Norman and Community Gateway had unnecessarily expended costs on issues that Beha Williams Norman had subsequently lost.
