Geoquip Marine Operations AG v Tower Resources Cameroon SA & Anor [2022] EWHC 1408 (Comm) (09 June 2022)

Geoquip Marine Operations AG v Tower Resources Cameroon SA & Anor [2022] EWHC 1408 (Comm) (09 June 2022)

Neither party was the sole successful party; costs are to be split so that each pays the other's costs for the claim on which it lost, with detailed assessment and no payment on account.

Citation
[2022] EWHC 1408 (Comm)
Parties
Claimant: Geoquip Marine Operations AG; First Defendant: Tower Resources Cameroon SA; Second Defendant: Tower Resources PLC
Jurisdiction
England and Wales
Judgment Date
09 June 2022
Procedural Posture
Commercial Contract Dispute / Post Trial Costs Determination
Outcome
Split costs order; each party pays the other's costs for the claim on which it lost; detailed assessment; no payment on account.
Legal Topics
Costs, Contractual Claims, Guarantee, Estoppel, Summary Assessment
Civil Procedure Commercial Law Costs Contractual Claims Guarantee Estoppel Summary Assessment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Geoquip Marine Operations AG

Claimant

Tower Resources Cameroon SA

First Defendant

Tower Resources PLC

Second Defendant

Procedural Posture

Commercial Contract Dispute / Post Trial Costs Determination

Legal Issues

  1. 1 Who is the successful party for the purposes of costs under CPR 44.2(2)?
  2. 2 How should costs be allocated where each party succeeds on distinct claims?
  3. 3 Should there be a summary assessment or detailed assessment of costs?

Ratio Decidendi

Neither party was the sole successful party; costs are to be split so that each pays the other's costs for the claim on which it lost, with detailed assessment and no payment on account.

Court Disposition

Split costs order; each party pays the other's costs for the claim on which it lost; detailed assessment; no payment on account.

Orders

  • Defendants to pay Geoquip the costs of the claim for the balance of the lumpsum and associated guarantee claim.
  • Geoquip to pay Defendants the costs of the Standby Costs claim and associated guarantee claim.