"Western Neptune" Et Al, Owners, Demise Charterers & Time Charterers of the Ship v "Philadelphia Express", Owners & Demise Charterers of the Ship [2009] EWHC 1522 (Admlty) (26 June 2009)

"Western Neptune" Et Al, Owners, Demise Charterers & Time Charterers of the Ship v "Philadelphia Express", Owners & Demise Charterers of the Ship [2009] EWHC 1522 (Admlty) (26 June 2009)

Given the Claimants' partial blame, late disclosure, and the relative proximity of the Defendants' early settlement offer to the final outcome, the Claimants should recover only 65% of their costs, with no order for the Defendants' costs, and a payment on account of £250,000.

Citation
[2009] EWHC 1522 (Admlty)
Parties
Claimants: The Owners, Demise Charterers and Time Charterers of the Ship 'Western Neptune' et al; Defendants: The Owners and Demise Charterers of the Ship 'Philadelphia Express'
Jurisdiction
England and Wales
Judgment Date
26 June 2009
Procedural Posture
Admiralty Collision Claim / Post Liability Judgment, Costs Determination
Outcome
Claimants to recover 65% of their costs; no order as to Defendants' costs.
Legal Topics
Costs, Apportionment of Liability, Disclosure, Settlement Offers
Admiralty Civil Procedure Costs Apportionment of Liability Disclosure Settlement Offers

Case Brief

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Parties

The Owners, Demise Charterers and Time Charterers of the Ship 'Western Neptune' et al

Claimants

The Owners and Demise Charterers of the Ship 'Philadelphia Express'

Defendants

Procedural Posture

Admiralty Collision Claim / Post Liability Judgment, Costs Determination

Legal Issues

  1. 1 Whether the Claimants should recover all or a proportion of their costs given the apportionment of liability and conduct during proceedings
  2. 2 Whether a special costs order should be made regarding the issue of streamer diving

Ratio Decidendi

Given the Claimants' partial blame, late disclosure, and the relative proximity of the Defendants' early settlement offer to the final outcome, the Claimants should recover only 65% of their costs, with no order for the Defendants' costs, and a payment on account of £250,000.

Court Disposition

Claimants to recover 65% of their costs; no order as to Defendants' costs.

Orders

  • Claimants to recover 65% of their costs from Defendants.
  • No order as to Defendants' costs.