The court was able to make costs orders which differentiated between different stages and elements of a case. This might well result, as here, in a situation of a succesful claimant being ordered to pay 80% of the defendant’s costs, because of costs incurred pursuing issues on which it lost.
Judges:
Tomlinson J
Citations:
[2003] EWHC 472 (Comm), Times 29-Mar-2003
Links:
Statutes:
Civil Procedure Rules 36.21(3)(a)
Jurisdiction:
England and Wales
Citing:
Cited – Summit Property Ltd v Pitmans CA 19-Nov-2001
Whilst surprising, it was possible that a successful claimant could be ordered to pay the majority of a defendant’s costs. Under the Civil Procedure rules, it was proper to order costs on an issue by issue basis. . .
Cited – Stena Rederi Aktiebolag and Another v Irish Ferries Ltd CA 6-Feb-2003
A ferry plied its way between Dublin and Holyhead, coming into English territorial waters three or four times a day, and for up to three hours on each occasion. The claimants asserted that the construction of the hull infringed its patent.
Cited – Johnsey Estates and Limited v Secretary of State for Environment CA 11-Apr-2001
Chadwick LJ: ‘The principles applicable in the present case may, I think, be summarised as follows: (i) costs cannot be recovered except under an order of the court; (ii) the question whether to make any order as to costs – and, if so, what order – . .
See also – Kastor Navigation Co Ltd and Another v AGF M A T and others (‘Kastor Too’) ComC 4-Dec-2002
The claimant ship owner and its mortgagee sued the defendant insurer after the loss of the insured vessel, through fire. The insurers replied that the damage by fire was so extensive that the vessel was beyond repair when she sank, and was therefore . .
Cited by:
See Also – Kastor Navigation Co Ltd and Another v AGF M A T and others (‘Kastor Too’) ComC 4-Dec-2002
The claimant ship owner and its mortgagee sued the defendant insurer after the loss of the insured vessel, through fire. The insurers replied that the damage by fire was so extensive that the vessel was beyond repair when she sank, and was therefore . .
Appeal from – Kastor Navigation Co Ltd and Another v Axa Global Risks (Uk) Ltd and others CA 10-Mar-2004
The Kastor Too had been lost in a fire. After substantial litigation, the insurers now appealed an order finding a constructive total loss (it was beyond economic repair or recovery). They had said that it was already beyond repair immediately . .
Lists of cited by and citing cases may be incomplete.
Costs, Insurance
Updated: 07 June 2022; Ref: scu.179926
