PDVSA Servicios SA v Clyde & Co LLP & Anor

PDVSA Servicios SA v Clyde & Co LLP & Anor

Clyde & Co is entitled to its costs of the action (except those reserved to Snowden J) on the indemnity basis due to the contractual indemnity; POS is entitled to its costs of the action (except those reserved to Snowden J) on the standard basis, as the case is not sufficiently outside the norm to justify indemnity costs. Interim payments on account of costs are ordered for both Clyde & Co and POS. The injunction is discharged. Permission to appeal is refused as there is no real prospect of success or serious procedural irregularity.

Parties
Claimant: PDVSA Servicios S.A.; First Defendant: Clyde & Co LLP; Second Defendant: Petrosaudi Oil Services (Venezuela) Limited
Jurisdiction
England and Wales
Judgment Date
15 December 2020
Procedural Posture
Civil (commercial, Trusts, Injunction) / Post Judgment Consequential Matters (costs, Orders, Permission to Appeal)
Outcome
Costs orders made; interim payments ordered; injunction discharged; permission to appeal refused.
Legal Topics
Costs, Injunctions, Escrow Arrangements, Indemnity Basis Assessment, Permission to Appeal
Civil Procedure Commercial Law Trusts Law Costs Injunctions Escrow Arrangements Indemnity Basis Assessment Permission to Appeal

Case Brief

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Parties

PDVSA Servicios S.A.

Claimant

Clyde & Co LLP

First Defendant

Petrosaudi Oil Services (Venezuela) Limited

Second Defendant

Procedural Posture

Civil (commercial, Trusts, Injunction) / Post Judgment Consequential Matters (costs, Orders, Permission to Appeal)

Legal Issues

  1. 1 Entitlement to costs and basis of assessment between parties
  2. 2 Scope of costs orders for interlocutory applications
  3. 3 Appropriateness of indemnity costs

Ratio Decidendi

Clyde & Co is entitled to its costs of the action (except those reserved to Snowden J) on the indemnity basis due to the contractual indemnity; POS is entitled to its costs of the action (except those reserved to Snowden J) on the standard basis, as the case is not sufficiently outside the norm to justify indemnity costs. Interim payments on account of costs are ordered for both Clyde & Co and POS. The injunction is discharged. Permission to appeal is refused as there is no real prospect of success or serious procedural irregularity.

Court Disposition

Costs orders made; interim payments ordered; injunction discharged; permission to appeal refused.

Orders

  • PDV to pay Clyde & Co’s costs of the action (except those reserved to Snowden J), assessed on the indemnity basis in default of agreement.
  • PDV to pay Clyde & Co an interim payment of £89,685 on account of costs.