MJS Projects (March) Limited v RPS Consulting Services Limited [2026] EWHC 884 (TCC)

The court dealt with the costs consequences of an interim stage of the proceedings, including whether costs should be assessed on the indemnity basis and what interim payment on account should be ordered. There had been criticism of the paying party's conduct, and a question about the effect of attempts at alternative dispute resolution.

HHJ Kelly considered the conduct complained of and did not find it such as to justify indemnity costs. She took account of the fact that mediation had not taken place while other forms of alternative dispute resolution had, and accepted that four per cent was a reasonable rate of interest on the pre-judgment costs. She awarded interim costs of just over 309,000 pounds plus interest.

The case is a practical example of the court fixing an interim payment on account of costs, weighing the parties' conduct and their engagement with alternative dispute resolution before settling on the basis of assessment and the amount to be paid now.

HHJ Kelly held: "I award interim costs in the sum of £309,673.80 plus interest at 4%".