NAP Anglia LTD -v- Sun-Land Development Co. LTD [2012] EWHC 51 (TCC)

Posted on Monday, January 23rd, 2012

C applied to enforce an adjudication award of £96,334.41. The adjudication ran in tandem with county Court proceedings which were on-going. The judge allowed execution of the award up to £65,000. C sought costs on the indemnity basis. D contended that C had recovered only 60% of the claim and should have only 60% of its costs. C was awarded 85% of its costs on the standard basis because the issues on which it had failed took up very little time and D’s conduct had been “very unattractive”. A portion of the costs claimed related to the fees of claims consultants, HCC, who had represented C in the adjudication and had assisted their solicitors in the application. D objected to these fees in principle. Following Piper Double Glazing –v- DC Contracts [1994] 1 All ER 177 and R (Factortame) -v- Secretary of State for Transport [2002] EWCA Civ 932, the Judge found that sums paid to a third party solely for the purpose of assisting with a claim or defence may be recoverable in principle provided that the third party does nothing which only a solicitor can do and/or does nothing whilst purporting to act as a solicitor. It did not matter that such work was of a type commonly done by solicitors but to be recoverable such costs had to be reasonably incurred and reasonable in amount.

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