McGlinn v Waltham Contractors Ltd

Citation: BLR 432 TCC

Nature of case:
Here a defendant sought costs in respect of a claim discontinued through the pre-action protocol process. Pre-action protocol costs were held to be, in principle, ‘incidental to’ subsequent proceedings for s.51 Supreme Court Act.  However, unless the circumstances were exceptional and involved unreasonable conduct, such costs would not be recoverable where the issues were subsequently dropped.

See other reports:

102 Con LR 111 TCC [2005] TCLR 8.
[2005] 3 All ER 1126.
[2005] All ER (D) 145 TCC.



Lucy Garrett QC

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