P & O Nedlloyd BV v Utaniko Ltd

P & O Nedlloyd BV v Utaniko Ltd

CPR 36.21 does not entitle a claimant to indemnity costs in appeal proceedings unless a Part 36 offer is made specifically for the appeal; absent such an offer or exceptional conduct, costs are awarded on a standard basis.

Parties
Defendant/appellant: P & O Nedlloyd B V; Claimant/respondent: Utaniko Limited; Defendant/appellant: Dampskibsselskabet AF, 1912 Aktieselskab; Defendant/appellant: Aktieselskabet Dampskibsselskabet Svendborg; Claimant/respondent: East West Corporation
Jurisdiction
England and Wales
Judgment Date
19 February 2003
Procedural Posture
Civil Appeal / Costs Determination After Appeal Judgment
Outcome
Respondents awarded costs of the appeal on a standard basis; respondents to pay costs of the hearing on 12 February.
Legal Topics
Costs, Indemnity Costs, Part 36 Offers, Appeal Proceedings
Civil Procedure Costs Indemnity Costs Part 36 Offers Appeal Proceedings

Case Brief

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Parties

P & O Nedlloyd B V

Defendant/appellant

Utaniko Limited

Claimant/respondent

Dampskibsselskabet AF, 1912 Aktieselskab

Defendant/appellant

Aktieselskabet Dampskibsselskabet Svendborg

Defendant/appellant

East West Corporation

Claimant/respondent

Procedural Posture

Civil Appeal / Costs Determination After Appeal Judgment

Legal Issues

  1. 1 Whether CPR 36.21 applies to costs in appeal proceedings absent a Part 36 offer in the appeal
  2. 2 Whether costs should be awarded on an indemnity basis under CPR 44.3

Ratio Decidendi

CPR 36.21 does not entitle a claimant to indemnity costs in appeal proceedings unless a Part 36 offer is made specifically for the appeal; absent such an offer or exceptional conduct, costs are awarded on a standard basis.

Court Disposition

Respondents awarded costs of the appeal on a standard basis; respondents to pay costs of the hearing on 12 February.

Orders

  • Respondents to have their costs of the appeal on a standard basis, set off against other costs of the appeal.
  • Respondents to pay the costs of the hearing on 12 February.