Nigel Witham Ltd v Smith & Anor (No. 2), Court of Appeal - Technology and Construction Court, January 04, 2008, [2008] EWHC 12 (TCC)

Reporting Judge: [2008] EWHC 12 (TCC)

President: Nigel Witham Ltd v Smith & Anor (No. 2)

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Extract

Nigel Witham Ltd v Smith & Anor (No. 2), Court of Appeal - Technology and Construction Court, January 04, 2008, [2008] EWHC 12 (TCC)

Case No: HT-06-374

Neutral Citation Number:. [2008] EWHC 12 (TCC)

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

TECHNOLOGY AND CONSTRUCTION COURT

St Dunstan's House

133-137 Fetter Lane

London, EC4A 1HD

Date: 4th January 2008

Before :

HIS HONOUR JUDGE PETER COULSON QC

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Between :

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Ms Susan Lindsey (instructed by Justin Nelson) for the Claimant

Ms Annabel Shaw (instructed by Fenwick Elliott) for the Defendants

Hearing date: 19 December 2007

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Judgment

His Honour Judge Peter Coulson QC:

1. Introduction

1. On 19 December, I handed down the principal judgment in this case. The relevant neutral citation number is [2007] EWHC 3027 (TCC). Following adjustments for VAT and interest, the net result was that the Claimant owed to the Defendants the sum of just £1,683. There are now important issues on costs.

2. At paragraphs 2 and 3 of that judgment, I commented upon the relatively modest sums at stake in this case and compared them with the costs which will have been incurred by both parties in preparing the voluminous documentation and contesting a five day trial. In such circumstances it was, I suppose, inevitable that such costs far outweighed the sums in issue in the litigation. Following the conclusion of the oral argument on costs at 4.15 pm on 19 December, I decided...

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