Fiona Trust & Holding Corporation & Ors v Privalov & Ors (Costs) [2016] EWHC 2657 (Comm) (27 October 2016)

Fiona Trust & Holding Corporation & Ors v Privalov & Ors (Costs) [2016] EWHC 2657 (Comm) (27 October 2016)

Defendants were overall successful and entitled to costs, but due to discrete issues where defendants failed and proportion of costs attributable to those issues, claimants ordered to pay only 50% of defendants' costs. No stay of execution granted due to sufficient security from frozen funds. Permission to appeal refused as grounds lacked real prospect of success.

Citation
[2016] EWHC 2657 (Comm)
Parties
Claimants: Fiona Trust & Holding Corporation (now known as SCF Tankers Limited) & Others; Defendants: Yuri Privalov & Others
Jurisdiction
England and Wales
Judgment Date
27 October 2016
Procedural Posture
Commercial Court Costs Ruling / Post Judgment Costs Determination
Outcome
Claimants ordered to pay 50% of defendants' costs; permission to appeal refused; stay of execution denied.
Legal Topics
Costs, Damages Inquiry, Freezing Orders, Appeal Permission, Stay of Execution
Civil Procedure Commercial Law Costs Damages Inquiry Freezing Orders Appeal Permission Stay of Execution

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Parties

Fiona Trust & Holding Corporation (now known as SCF Tankers Limited) & Others

Claimants

Yuri Privalov & Others

Defendants

Procedural Posture

Commercial Court Costs Ruling / Post Judgment Costs Determination

Legal Issues

  1. 1 Entitlement to costs following damages inquiry
  2. 2 Appropriate reduction in costs due to partial success
  3. 3 Interest on costs

Ratio Decidendi

Defendants were overall successful and entitled to costs, but due to discrete issues where defendants failed and proportion of costs attributable to those issues, claimants ordered to pay only 50% of defendants' costs. No stay of execution granted due to sufficient security from frozen funds. Permission to appeal refused as grounds lacked real prospect of success.

Court Disposition

Claimants ordered to pay 50% of defendants' costs; permission to appeal refused; stay of execution denied.

Orders

  • Claimants to pay 50% of defendants' costs, assessed on standard basis if not agreed.
  • Defendants entitled to reserved costs without discount.