Knowledge Hub | Cases

30 June 2014

Tactics pay off in cost dispute

After successfully resolving a substantive dispute between two of the UK's leading food retailers and manufacturers, B P Collins LLP's Litigation and dispute resolution team continued to advise on the negotiation and subsequent settlement of the parties costs of the dispute.

After a drawn out process lasting over a year, in which the parties took opposing positions on the extent of costs that should be paid, associate Simon Carroll has now successfully compelled an agreement on costs.

The dispute involved multiple parties and competing claims and concluded in April 2013, and after positions became entrenched following the paying party's refusal to pay more than 50% of costs sought, formal cost proceedings were instigated.

Despite a significant time delay, resulting in the most part from the implementation of new costs rules and a consequential reduction in judicial time, Simon Carroll was able to adopt a strategic approach to the cost proceedings and, through carefully timed and calculated Part 36 offers in the months leading up to the two day detailed assessment hearing, successfully engineered a payment proposal that was commercially beneficial.

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