Intrigue Shipping Inc & Ors v Nikitin & Ors

Intrigue Shipping Inc & Ors v Nikitin & Ors

The judge committed no error of principle in making no order as to costs in the Intrigue action. He properly considered the extent of the claimants' success, the conduct of the parties, and the interconnected nature of the actions. The claimants' failure on their primary case and dishonest conduct justified a major departure from the general rule on costs.

Parties
Claimants/appellants: Intrigue Shipping Inc and others; Defendants/respondents: Yuri Nikitin and others
Jurisdiction
England and Wales
Judgment Date
27 June 2013
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Costs, Fraud, Conspiracy, Dishonest Assistance, Knowing Receipt
Civil Procedure Commercial Law Costs Fraud Conspiracy Dishonest Assistance Knowing Receipt

Case Brief

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Parties

Intrigue Shipping Inc and others

Claimants/appellants

Yuri Nikitin and others

Defendants/respondents

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the judge erred in principle by making no order as to costs in the Intrigue action despite partial success by the claimants
  2. 2 Whether the judge improperly considered factors relating to the Fiona actions when determining costs in the Intrigue action
  3. 3 Whether the conduct of the parties justified departure from the general rule on costs

Ratio Decidendi

The judge committed no error of principle in making no order as to costs in the Intrigue action. He properly considered the extent of the claimants' success, the conduct of the parties, and the interconnected nature of the actions. The claimants' failure on their primary case and dishonest conduct justified a major departure from the general rule on costs.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs in the Intrigue action; each party to bear their own costs