Firm news

Another Win for Colman Coyle in the Technology and Construction Court

Following on from our success in January in the Technology and Construction Court, Colman Coyle's Comstruction team have yet again proven their strength in yet another successful result.

Colman Coyle are pursuing a claim on behalf of a firm of architects, who are facing a counterclaim in damages for negligence.

The defending contractor sought to obtain security for costs against our client. These costs, being a substantial sum would have made it impossible for our client to pursue litigation.

Colman Coyle successfully argued that in these circumstances, security should not be awarded. The Court accepted our argument, rejected the application and ordered the contractor to pay a substantial sum in respect of costs.

Although less prevalent during the "boom" years, security for costs applications will likely become a more regular feature of Litigation. This is due to claimant companies potentially being unable to meet obligations if their claim fails.

With this projected rise in applications it is important that clients both bringing and defending claims in these circumstances understand fully the factors which the Court will take into account  when considering whether or not to grant security.

For advise on this issue or any other Construction or Litigation matter please contact  Howard Colman