McGlinn v Waltham Contractors Ltd

Citation: 102 Con LR 111 TCC [2005] TCLR 8

Nature of case:
This case concerns recoverability of costs.  A defendant sought costs in respect of elements 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:

[2005] All ER 1126.
[2005] BLR 432 TCC.
[2005] All ER (D) 145 TCC.

Counsel

Lucy Garrett QC

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