McGlinn v Waltham Contractors Ltd

Citation: All ER (D) 145 TCC

Nature of case:
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.

Note: see article by Timothy Elliott on this case in Building 12 August 2005 p. 41

See other reports:

102 Con LR 111 TCC [2005] TCLR 8.
[2005] BLR 432 TCC.
[2005] 3 All ER 1126.

 

Counsel

Lucy Garrett QC

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