Mahan Air & Anor v Blue Sky One Ltd & Ors [2011] EWCA Civ 771 (01 July 2011)

Mahan Air & Anor v Blue Sky One Ltd & Ors [2011] EWCA Civ 771 (01 July 2011)

The unsuccessful parties (Mahan Parties) must bear their own costs for certain applications, pay the costs of successful respondents for failed applications, and make interim payments on account of costs, with all costs to be subject to detailed assessment if not agreed.

Citation
[2011] EWCA Civ 771
Parties
Appellant/defendant: Mahan Air; Appellant/defendant: Blue Sky Aviation Co FZE; Respondent/claimant: Blue Sky One Limited; Respondent/claimant: Blue Sky Two Limited; Respondent/claimant: Blue Sky Three Limited; Respondent/third Party: Balli Group PLC; Respondent/third Party: Crypton Limited; Respondent/third Party: Blue Sky Six Limited; Respondent/third Party: Blue Sky Four Limited; Respondent/third Party: Blue Sky Five Limited; Defendant/appellant: Blue Airways LLC; Claimant/respondent: PK AirFinance US Inc
Jurisdiction
England and Wales
Judgment Date
01 July 2011
Procedural Posture
Appeal (costs Order) / Post Judgment (costs)
Outcome
Costs order made against Mahan Parties; interim payments ordered.
Legal Topics
Costs, Appeals, Security for Costs, Interim Payments
Civil Procedure Commercial Law Costs Appeals Security for Costs Interim Payments

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Parties

Mahan Air

Appellant/defendant

Blue Sky Aviation Co FZE

Appellant/defendant

Blue Sky One Limited

Respondent/claimant

Blue Sky Two Limited

Respondent/claimant

Blue Sky Three Limited

Respondent/claimant

Balli Group PLC

Respondent/third Party

Crypton Limited

Respondent/third Party

Blue Sky Six Limited

Respondent/third Party

Blue Sky Four Limited

Respondent/third Party

Blue Sky Five Limited

Respondent/third Party

Blue Airways LLC

Defendant/appellant

PK AirFinance US Inc

Claimant/respondent

Procedural Posture

Appeal (costs Order) / Post Judgment (costs)

Legal Issues

  1. 1 Allocation of costs following appeal judgment
  2. 2 Responsibility for costs of applications for permission to appeal
  3. 3 Responsibility for costs of applications for security for costs and stay of execution

Ratio Decidendi

The unsuccessful parties (Mahan Parties) must bear their own costs for certain applications, pay the costs of successful respondents for failed applications, and make interim payments on account of costs, with all costs to be subject to detailed assessment if not agreed.

Court Disposition

Costs order made against Mahan Parties; interim payments ordered.

Orders

  • Mahan Parties to bear their own costs of renewed application for permission to appeal regarding Aircraft 2 location.
  • No order as to costs for other parties in relation to ex parte application.