Saunderson & Ors v Sonae Industria (UK) Ltd

Saunderson & Ors v Sonae Industria (UK) Ltd

The Defendant’s undertaking given on 11 July 2012 does not extend to the Defendant’s costs of the Claimants’ unsuccessful application for permission to appeal, as the parties would have had in mind only trial proceedings in the context of ATE insurance.

Parties
Claimants/appellants: Ms Susan Saunderson & Ors in the Group Register; Defendant/respondent: Sonae Industria (UK) Limited
Jurisdiction
England and Wales
Judgment Date
24 November 2016
Procedural Posture
Civil Appeal / Ruling on Costs Following Application for Permission to Appeal
Outcome
Application for costs in Defendant’s favour allowed.
Legal Topics
Costs, Undertakings, ATE Insurance, Appeals
Civil Procedure Costs Undertakings ATE Insurance Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Ms Susan Saunderson & Ors in the Group Register

Claimants/appellants

Sonae Industria (UK) Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Ruling on Costs Following Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Defendant’s undertaking extends to costs of the application for permission to appeal

Ratio Decidendi

The Defendant’s undertaking given on 11 July 2012 does not extend to the Defendant’s costs of the Claimants’ unsuccessful application for permission to appeal, as the parties would have had in mind only trial proceedings in the context of ATE insurance.

Court Disposition

Application for costs in Defendant’s favour allowed.

Orders

  • Order for costs in favour of the Defendant/Respondent.