Saunderson & Ors v Sonae Industria (UK) Ltd [2016] EWCA Civ 1177 (24 November 2016)

Saunderson & Ors v Sonae Industria (UK) Ltd [2016] EWCA Civ 1177 (24 November 2016)

The Defendant's undertaking of 11 July 2012 does not extend to the costs of the Claimants' unsuccessful application for permission to appeal, as the context and wording indicate it was limited to trial proceedings.

Citation
[2016] EWCA Civ 1177
Parties
Claimants/appellants: Ms Susan Saunderson & Ors in the Group Register; Defendant/respondent: Sonae Industria (UK) Limited
Jurisdiction
England and Wales
Judgment Date
24 November 2016
Procedural Posture
Civil Appeal / Appeal From Queen's Bench Division, Costs Determination
Outcome
Defendant's undertaking does not cover costs of application for permission to appeal; costs order in Defendant's favour.
Legal Topics
Construction of Undertakings, Scope of Costs Orders, ATE Insurance
Civil Procedure Costs Construction of Undertakings Scope of Costs Orders ATE Insurance

Case Brief

Summary, issues, holding and outcome

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Parties

Ms Susan Saunderson & Ors in the Group Register

Claimants/appellants

Sonae Industria (UK) Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Queen's Bench Division, Costs Determination

Legal Issues

  1. 1 Does the Defendant's undertaking of 11 July 2012 cover costs of the application for permission to appeal?
  2. 2 Is the Claimants' procurement of ATE insurance relevant to the construction of the undertaking?
  3. 3 Does the Defendant's letter of 18 December 2013 alter the scope of the undertaking?

Ratio Decidendi

The Defendant's undertaking of 11 July 2012 does not extend to the costs of the Claimants' unsuccessful application for permission to appeal, as the context and wording indicate it was limited to trial proceedings.

Court Disposition

Defendant's undertaking does not cover costs of application for permission to appeal; costs order in Defendant's favour.

Orders

  • Order for costs in favour of Defendant/Respondent