Assessment of costs in exaggerated claims
A recent High Court decision in Brit Inns v BDW Trading Ltd considered the circumstances in which a successful claimant would have to pay the majority of the defendant’s costs.
Claimants Brit Inns Limited instructed the defendant company BDW Trading Limited to build a new restaurant, which later flooded as a result of the defendant’s work. The claimants made a subrogated claim against the defendant for £660,000 in respect of insured losses (the main action), and also claimed £522,000 in respect of uninsured losses (the uninsured claim).
The defendant did not dispute liability, but did dispute the level of damages. In the end, the Court awarded the claimants only £157,467 in the main claim; and £16,403 in the uninsured claim - approximately 25% and 3% of the sums claimed respectively…
If you are registered and logged in to the site, click on the link below to read the rest of the Shoosmiths briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Shoosmiths
News from The Lawyer
Briefings from Shoosmiths
The first week of each New Year sees the International Consumer Electronics Show (CES) roll into Las Vegas, providing an annual glimpse into the future of consumer technology.
A new protocol for applications for consent to assign or sublet has been drafted to apply to commercial property in England and Wales.
Analysis from The Lawyer
Compliance and corporate governance codes for large financial institutions will undoubtedly include provisions to regulate high pay in the future
There’s more to the ABS model than attracting the man in the street and procuring external investment. Partners at the big corporate firms, take note…