P & O Nedlloyd BV v Utaniko Ltd [2003] EWCA Civ 174 (19 February 2003)

P & O Nedlloyd BV v Utaniko Ltd [2003] EWCA Civ 174 (19 February 2003)

CPR 36.21 does not entitle respondents to indemnity costs of the appeal as no Part 36 offer was made in appeal proceedings; standard costs apply absent special circumstances or conduct.

Citation
[2003] EWCA Civ 174
Parties
Defendant/appellant: P & O Nedlloyd B V; Claimant/respondent: Utaniko Limited; Defendant/appellant: Dampskibsselskabet AF, 1912 Aktieselskab; Defendant/appellant: Aktieselskabet Dampskibsselskabet Svendborg; Claimant/respondent: East West Corporation
Jurisdiction
England and Wales
Judgment Date
19 February 2003
Procedural Posture
Appeal / Costs Determination Following Appeal Judgment
Outcome
Respondents awarded costs of the appeal on a standard basis; respondents to pay costs of the hearing on 12 February.
Legal Topics
Costs, Part 36 Offers, Indemnity Costs, Appeal Procedure
Civil Procedure Commercial Law Costs Part 36 Offers Indemnity Costs Appeal Procedure

Case Brief

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Parties

P & O Nedlloyd B V

Defendant/appellant

Utaniko Limited

Claimant/respondent

Dampskibsselskabet AF, 1912 Aktieselskab

Defendant/appellant

Aktieselskabet Dampskibsselskabet Svendborg

Defendant/appellant

East West Corporation

Claimant/respondent

Procedural Posture

Appeal / Costs Determination Following Appeal Judgment

Legal Issues

  1. 1 Whether respondents are entitled to indemnity costs of the appeal under CPR 36.21 or CPR 44.3
  2. 2 Interpretation of CPR 36.21 regarding Part 36 offers in appeal proceedings

Ratio Decidendi

CPR 36.21 does not entitle respondents to indemnity costs of the appeal as no Part 36 offer was made in appeal proceedings; standard costs apply absent special circumstances or conduct.

Court Disposition

Respondents awarded costs of the appeal on a standard basis; respondents to pay costs of the hearing on 12 February.

Orders

  • Respondents to have their costs of the appeal on a standard basis, set off against other costs of the appeal.
  • Respondents to pay costs of the hearing on 12 February.