Nassif v Augusta Offshore SPA & Ors [2009] EWHC 90143 (Costs) (17 June 2009)

Nassif v Augusta Offshore SPA & Ors [2009] EWHC 90143 (Costs) (17 June 2009)

The consent order's reference to 'costs of the claim' is, in context, limited to the costs of the claim against the First Defendant, the only live claim at the time of settlement. The deemed costs orders upon discontinuance against the Second and Third Defendants did not provide for the Claimant's own costs of those claims, and the consent order did not alter that position. Therefore, the Claimant cannot recover his own costs of the discontinued claims from the First Defendant.

Citation
[2009] EWHC 90143 (Costs)
Parties
Claimant: Abdul Kadir Nassif; First Defendant: Augusta Offshore SPA; Second Defendant: Guernesey Ship Management Limited; Third Defendant: Seletar Shipping (Scotland) Limited
Jurisdiction
England and Wales
Judgment Date
17 June 2009
Procedural Posture
Costs Determination Following Settlement and Discontinuance in Personal Injury Claim / Judgment on Preliminary Issue Regarding Scope of Costs Order
Outcome
Claimant not entitled to recover his own costs of discontinued claims against Second and Third Defendants from First Defendant.
Legal Topics
Construction of Consent Orders, Costs Following Discontinuance, CPR 38.6, CPR 44.12, Bullock and Sanderson Orders
Civil Procedure Costs Construction of Consent Orders Costs Following Discontinuance CPR 38.6 CPR 44.12 Bullock and Sanderson Orders

Case Brief

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Parties

Abdul Kadir Nassif

Claimant

Augusta Offshore SPA

First Defendant

Guernesey Ship Management Limited

Second Defendant

Seletar Shipping (Scotland) Limited

Third Defendant

Procedural Posture

Costs Determination Following Settlement and Discontinuance in Personal Injury Claim / Judgment on Preliminary Issue Regarding Scope of Costs Order

Legal Issues

  1. 1 Whether a consent order for costs against the First Defendant includes the Claimant's own costs incurred in pursuing discontinued claims against the Second and Third Defendants

Ratio Decidendi

The consent order's reference to 'costs of the claim' is, in context, limited to the costs of the claim against the First Defendant, the only live claim at the time of settlement. The deemed costs orders upon discontinuance against the Second and Third Defendants did not provide for the Claimant's own costs of those claims, and the consent order did not alter that position. Therefore, the Claimant cannot recover his own costs of the discontinued claims from the First Defendant.

Court Disposition

Claimant not entitled to recover his own costs of discontinued claims against Second and Third Defendants from First Defendant.

Orders

  • First Defendant succeeds on the preliminary issue.
  • Parties invited to agree an order arising from the judgment; court will hear argument if necessary.