Lloyds Developments Limited v Accor Hotel Services UK Limited [2026] EWHC 1522 (TCC)

Lloyds Developments, in administration, applied for two of its former directors to hand their mobile devices to an independent reviewer so that relevant records could be examined for disclosure. The judgment addressed the costs of that process and who should bear them as between the claimant, the directors and the defendant, Accor.

Mr Justice Constable held that Accor was entitled to its costs against Lloyds, but structured the order so that Lloyds' obligation to pay would arise only if the directors did not satisfy the costs order first, and that in that event the directors were to reimburse Lloyds for what it had to pay Accor.

The case shows how the court allocates the costs of a device-review disclosure exercise in litigation involving an insolvent company, protecting the defendant's entitlement to costs while placing the primary burden on the individuals whose records were reviewed.

Mr Justice Constable held at paragraph 66 that "I conclude that Accor is entitled to costs against Lloyds".