The University of Manchester v (1) John Mcaslan & Partners Ltd
| Jurisdiction | England & Wales |
| Judge | Mr Roger Ter Haar,Mr Roger ter Haar |
| Judgment Date | 09 December 2022 |
| Neutral Citation | [2022] EWHC 3154 (TCC) |
| Docket Number | Case No: HT-2019-000396 |
| Court | Queen's Bench Division (Technology and Construction Court) |
| Year | 2022 |
and
[2022] EWHC 3154 (TCC)
Mr Roger Ter Haar KC
Sitting as a Deputy High Court Judge
Case No: HT-2019-000396
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
TECHNOLOGY AND CONSTRUCTION COURT (KBD)
Royal Courts of Justice
Rolls Building
London, EC4A 1NL
Jessica Stephens KC (instructed by Clyde & Co LLP) for the Claimant
Mark Chennells KC and Nicholas Maciolek (instructed by DWF Law LLP) for the First Defendant
Rupert Choat KC and Arthur Graham-Dixon (instructed by CMS Cameron McKenna Nabarro Olswang LLP) for the Second Defendant
Charles Pimlott (instructed by Penningtons Manches Cooper LLP) for the Third Party
Approved Judgment
I direct that pursuant to CPR PD 39A para 6.1 no official shorthand note shall be taken of this Judgment and that copies of this version as handed down may be treated as authentic.
This judgment will be handed down by the judge remotely by circulation to the parties' representatives by email and release to The National Archives. The date and time for hand-down is deemed to be Friday 9 December 2022 at 10.30am
Mr Roger Ter Haar KC
Mr Roger ter Haar KC:
This matter came before me on 6 October 2022 for a Costs and Case Management Conference.
In the oral argument before me the time was almost entirely taken up with argument as to the conditions (if any) which should be attached to the permission to be granted to the Claimant to adduce expert evidence.
Because time ran out, it was agreed that I would deal with issues in respect of cost management and an issue as to disclosure on the papers.
This case had previously come before me on 10 October 2020 when there was a difference between the parties as to the adequacy of the particularisation of the Claimant's case. I handed down judgment on those matters on 25 November 2020 ( [2020] EWHC 3198 (TCC)).
In respect of the matters arising in the Costs and Case Management Conference I handed down judgment on 2 November 2022. This judgment deals with costs issues, which have been dealt with on paper.
As the hearing before me was a Costs and Case Management Conference, the default position in accordance with the practice of this Court is that the order for costs should be that the costs be in the case.
Insofar as the costs of the First Defendant and Third Party are concerned, in my judgment the default position is the correct position, despite support by the First Defendant for the Second Defendant's position in respect of the Claimant's expert evidence to which I refer below. I regard the differences between the parties as to the Claimant's expert evidence to be primarily a matter...
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