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 before it sank. The judge had held that where an actual total loss immediately followed a constructive loss, the insured should recover.
Held: The insurer’s appeal was dismissed, but the court should be careful about adopting too close an analysis of liability for costs. A settlement offer had been made, and the costs order was adjusted to reflect the increased costs incurred by non-acceptance.
Judges:
Lord Justice Rix Mr Justice Neuberger Lord Justice Tuckey
Citations:
[2004] EWCA Civ 277, Times 29-Apr-2004
Links:
Statutes:
Marine Insurance Act 1906 60(2)(ii)
Jurisdiction:
England and Wales
Citing:
Appeal from – Kastor Navigation Co Ltd and Another v AGF M A T and others ComC 17-Mar-2003
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 . .
Appeal from – 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 – Cie Noga d’Importation et d’Exportation SA v Australia and New Zealand Banking Group Ltd 2002
Where one party appeals a judgment on its merits, the respondent is then entitled to seek to support it, even without needing further permission, on further grounds. . .
Lists of cited by and citing cases may be incomplete.
Costs
Updated: 10 June 2022; Ref: scu.194413
