Consolidated Contractors International Company SAL & Anor v Masri [2011] EWCA Civ 64 (03 February 2011)

Consolidated Contractors International Company SAL & Anor v Masri [2011] EWCA Civ 64 (03 February 2011)

The court ordered an 80%/20% split of costs in favour of Mr Masri, summarily assessed the costs, allowed the costs of the late outline argument, and directed immediate payment out of security funds to satisfy the costs orders, as the companies' limited success did not justify a different order.

Citation
[2011] EWCA Civ 64
Parties
Judgment Debtor/appellant/applicant: Consolidated Contractors International Company SAL; Judgment Debtor/appellant/applicant: Consolidated Contractors (Oil and Gas) Company SAL; Judgment Creditor/respondent: Munib Masri
Jurisdiction
England and Wales
Judgment Date
03 February 2011
Procedural Posture
Appeal / Post Judgment Consequential Issues (costs)
Outcome
Costs order in favour of respondent (Mr Masri) with 80%/20% split; summary assessment; immediate payment out of security funds; lower court's costs order undisturbed.
Legal Topics
Costs, Appeals, Security for Costs, Assessment of Costs
Civil Procedure Commercial Law Costs Appeals Security for Costs Assessment of Costs

Case Brief

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Parties

Consolidated Contractors International Company SAL

Judgment Debtor/appellant/applicant

Consolidated Contractors (Oil and Gas) Company SAL

Judgment Debtor/appellant/applicant

Munib Masri

Judgment Creditor/respondent

Procedural Posture

Appeal / Post Judgment Consequential Issues (costs)

Legal Issues

  1. 1 Appropriate order for costs following partial success on appeal
  2. 2 Entitlement to costs of late outline argument
  3. 3 Assessment of costs and deductions for excessive legal representation

Ratio Decidendi

The court ordered an 80%/20% split of costs in favour of Mr Masri, summarily assessed the costs, allowed the costs of the late outline argument, and directed immediate payment out of security funds to satisfy the costs orders, as the companies' limited success did not justify a different order.

Court Disposition

Costs order in favour of respondent (Mr Masri) with 80%/20% split; summary assessment; immediate payment out of security funds; lower court's costs order undisturbed.

Orders

  • Appellants to pay 80% of respondent's costs of the appeal, summarily assessed at £18,533.
  • 20% of costs (£4,634) to be costs in the application to exclude evidence or in the contempt application.