SES CONTRACTING LIMITED -v- UK COAL PLC

When considering costs in Applications for Pre-Action Disclosure under CPR 31.16, the Court must have regard to CPR 48.1 which provides that the party against whom the application is made will normally be entitled to its costs of the application.  In order for the respondent to the application to have costs awarded against them, the applicant must demonstrate that the respondent has unreasonably opposed the application or that the manner of his opposition was so unreasonable as to make it appropriate for him to bear the whole of both parties costs.