Winner's costs disallowed for unreasonable behaviour

Monday, 12th September 2016

In Cooper and another v Thameside Construction Company Ltd [2016] EWHC 1694, the High Court disallowed a successful party from being awarded all of its costs because of the unreasonable manner in which it had conducted the claim.

The facts

The Claimants suffered flooding in their home. Their case was taken over by their insurers who argued that the flooding was caused by a faulty connector fitted by the Defendant. The Defendant admitted early in correspondence to installing the defective plumbing. This was confirmed in its Defence, where it also raised various arguments on causation.

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