‘Costs incurred and thrown away by’

Richardson Roofing Co Ltd v Ballast plc (Dissolved) and others [2008] EWHC 1806 (TCC)

Under a consent order the claimant was to pay the defendant’s costs incurred and thrown away by the adjournment of the trial. The order also provided for the adjournment of the defendant’s application for the costs of, and occasioned by, the striking out of the particulars of claim. The defendant contended that the costs to be paid by the claimant included those incurred in preparing for and attending the trial of preliminary issues and it was appropriate to give a direction to the costs judge in those terms.