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(1) IGLOO REGENERATION (GENERAL PARTNER) LTD (2) IGLOO REGENERATION (NOMINEE) LTD (3) IGLOO REGENERATION LTD (4) IGLOO REGENERATION PARTNERSHIP v POWELL WILLIAMS PARTNERSHIP

A defendant was entitled to indemnity costs in circumstances where an enormous amount of time, costs and court resource had been wasted as a result of the claimants' unwillingness to accept an amount, offered by the defendant in settlement, that they had been prepared to settle at only a few days earlier.

The court gave directions on costs following a professional negligence claim between the claimant group of companies (C) and the defendant surveyors (D).

12 July 2013

[2013] EWHC 1859 (TCC)

QBD (TCC) - Akenhead J

24 June 2013

C had sued D for professional negligence during the course of its surveying. C accepted that overall, having lost in the proceedings, they had to pay D's costs at least on a standard basis but D argued that it should be entitled to indemnity costs. Expert reports had been exchanged in the summer of 2012 and in October 2012 there were several Part 36 offers made between the parties. After various offers and counter-offers C offered to settle for £729,000 plus costs. That offer expired on a Monday afternoon, and D did not accept the offer by that time. A few days later D made an offer for settlement at exactly that level but C refused to accept that offer. On the first day of trial the judge adjourned the trial but before he did so he expressed doubts about some of the evidence of C's expert, which he thought led to concerns as to how C's claim could proceed.

HELD: (1...

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