"Western Neptune" Et Al, Owners, Demise Charterers & Time Charterers of the Ship v "Philadelphia Express", Owners & Demise Charterers of the Ship

"Western Neptune" Et Al, Owners, Demise Charterers & Time Charterers of the Ship v "Philadelphia Express", Owners & Demise Charterers of the Ship

The Claimants, though the successful party, should recover only 65% of their costs due to their partial blame for the collision, late disclosure of significant documents, and the conduct of settlement negotiations. No order is made as to the Defendants’ costs. A payment on account of £250,000 is ordered.

Parties
Claimants: The Owners, Demise Charterers and Time Charterers of the Ship 'Western Neptune' et al; Defendants: The Owners and Demise Charterers of the Ship 'Philadelphia Express'
Jurisdiction
England and Wales
Judgment Date
26 June 2009
Procedural Posture
Admiralty Collision Claim / Judgment on Costs Following Liability Judgment
Outcome
Claimants to recover 65% of their costs; no order as to Defendants’ costs; payment on account ordered.
Legal Topics
Costs, Apportionment of Liability, Disclosure, Settlement Offers
Admiralty Civil Procedure Costs Apportionment of Liability Disclosure Settlement Offers

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Parties

The Owners, Demise Charterers and Time Charterers of the Ship 'Western Neptune' et al

Claimants

The Owners and Demise Charterers of the Ship 'Philadelphia Express'

Defendants

Procedural Posture

Admiralty Collision Claim / Judgment on Costs Following Liability Judgment

Legal Issues

  1. 1 Whether the Claimants should recover all or a proportion of their costs given the apportionment of liability
  2. 2 Whether the Claimants' conduct regarding settlement and disclosure should affect the costs order
  3. 3 Whether a special order should be made regarding the issue of streamer diving

Ratio Decidendi

The Claimants, though the successful party, should recover only 65% of their costs due to their partial blame for the collision, late disclosure of significant documents, and the conduct of settlement negotiations. No order is made as to the Defendants’ costs. A payment on account of £250,000 is ordered.

Court Disposition

Claimants to recover 65% of their costs; no order as to Defendants’ costs; payment on account ordered.

Orders

  • Claimants to recover 65% of their costs
  • No order as to Defendants’ costs