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Costs – Order for costs. Following the acceptance of a CPR Pt 36 offer by the defendant on a dilapidations claim arising from a sub-lease, the Queen's Bench Division, Technology and Construction Court rejected a claim by the claimant for costs on an indemnity basis. The court held that in the circumstances of the instant case, the claimant had not complied with the Dilapidations Pre-Action Protocol, and as such the 'no loss' defence should have been seen in context. The judge held that he could not decide on disputed versions of events pertaining to the conduct of expert witnesses and it was doubtful whether the mediation proposed by the claimant would have succeeded.
Costs – Order for costs. Following the acceptance of a CPR Pt 36 offer by the defendant on a dilapidations claim arising from a sub-lease, the Queen's Bench Division, Technology and Construction Court rejected a claim by the claimant for costs on an indemnity basis. The court held that in the circumstances of the instant case, the claimant had not complied with the Dilapidations Pre-Action Protocol, and as such the 'no loss' defence should have been seen in context. The judge held that he could not decide on disputed versions of events pertaining to the conduct of expert witnesses and it was doubtful whether the mediation proposed by the claimant would have succeeded.
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