Insurance And Reinsurance Weekly Update - 6 March 2012

West African Gas Pipeline Co Ltd v Wilbros Global Holdings

Wasted costs order following failures in a party's disclosure exercise

http://www.bailii.org/ew/cases/EWHC/TCC/2012/396.html

Various problems arose in relation to the claimant's disclosure exercise. Various disclosure orders were made at a CMC in October 2011 and an order for "costs in the case" (whereby the party in whose favour the court makes an order for costs at the end of the proceedings is entitled to his costs of the part of the proceedings to which the order relates) was also made. The reasons for the disclosure problems then became apparent and at a further CMC the defendant applied for a wasted costs order (because the claimant's disclosure failures had caused its solicitors and their litigation support experts to incur additional costs). Ramsey J held as follows: