PDVSA Servicios SA v Clyde & Co LLP & Anor [2020] EWHC 3430 (Ch) (15 December 2020)

PDVSA Servicios SA v Clyde & Co LLP & Anor [2020] EWHC 3430 (Ch) (15 December 2020)

Costs of the action, including certain interlocutory applications, are to be paid by PDV to Clyde and POS, save for those reserved to Snowden J. Indemnity basis applies for Clyde due to contractual indemnity; standard basis applies for POS as case not sufficiently outside the norm. Interim payments ordered based on reasonable estimates. Injunction discharged; permission to appeal refused as no legal error or procedural irregularity demonstrated.

Citation
[2020] EWHC 3430 (Ch)
Parties
Claimant: PDVSA Servicios S. A.; First Defendant: Clyde & Co LLP; Second Defendant: Petrosaudi Oil Services (Venezuela) Limited
Jurisdiction
England and Wales
Judgment Date
15 December 2020
Procedural Posture
Part 8 Claim / Post Judgment Consequential Matters
Outcome
PDV ordered to pay costs to Clyde (indemnity basis) and POS (standard basis); interim payments ordered; injunction discharged; permission to appeal refused.
Legal Topics
Costs, Escrow Arrangements, Injunctions, Indemnity Basis, Interim Payments, Joinder, Freezing Orders
Commercial Law Trusts Law Civil Procedure Costs Escrow Arrangements Injunctions Indemnity Basis Interim Payments +2 more

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Parties

PDVSA Servicios S. A.

Claimant

Clyde & Co LLP

First Defendant

Petrosaudi Oil Services (Venezuela) Limited

Second Defendant

Procedural Posture

Part 8 Claim / Post Judgment Consequential Matters

Legal Issues

  1. 1 Entitlement to costs and basis of assessment
  2. 2 Scope of costs orders for interlocutory applications
  3. 3 Appropriateness of indemnity costs

Ratio Decidendi

Costs of the action, including certain interlocutory applications, are to be paid by PDV to Clyde and POS, save for those reserved to Snowden J. Indemnity basis applies for Clyde due to contractual indemnity; standard basis applies for POS as case not sufficiently outside the norm. Interim payments ordered based on reasonable estimates. Injunction discharged; permission to appeal refused as no legal error or procedural irregularity demonstrated.

Court Disposition

PDV ordered to pay costs to Clyde (indemnity basis) and POS (standard basis); interim payments ordered; injunction discharged; permission to appeal refused.

Orders

  • PDV to pay Clyde's costs of the action (except those reserved to Snowden J), assessed on indemnity basis.
  • PDV to pay interim payment of £89,685 to Clyde.