Grupo Hotelero Urvasco SA v Carey Value Added SL

Grupo Hotelero Urvasco SA v Carey Value Added SL

Carey was the overall winner and is entitled to its costs, but a 25% reduction is ordered to reflect GHU's success on the Long Stop Date, MAC, and Actos Propios issues. Issue-based costs orders are not practicable due to the interlinked nature of the issues. The costs of the adjourned trial are costs in the cause. GHU is ordered to pay Carey a £4 million interim payment on account of costs, reflecting a conservative estimate after the percentage reduction.

Parties
Claimant in Folio 931 / Defendant in Folio 1692: Grupo Hotelero Urvasco S. A.; Defendant in Folio 931 / Claimant in Folio 1692: Carey Value Added S. L. (Formerly Losan Hotels World Value Added I S. L.); Defendant in Folio 931: London Value Added I Limited
Jurisdiction
England and Wales
Judgment Date
24 June 2013
Procedural Posture
Commercial Dispute (costs Judgment) / Post Trial, Costs Determination
Outcome
Carey awarded its costs subject to a 25% reduction; GHU's application for issue-based costs order refused; costs of adjourned trial are costs in the cause; GHU to pay £4 million on account of Carey's costs.
Legal Topics
Costs, Issue Based Costs Orders, Percentage Costs Orders, Interim Payments on Account of Costs, Conduct of Litigation
Civil Procedure Commercial Law Costs Issue Based Costs Orders Percentage Costs Orders Interim Payments on Account of Costs Conduct of Litigation

Case Brief

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Parties

Grupo Hotelero Urvasco S. A.

Claimant in Folio 931 / Defendant in Folio 1692

Carey Value Added S. L. (Formerly Losan Hotels World Value Added I S. L.)

Defendant in Folio 931 / Claimant in Folio 1692

London Value Added I Limited

Defendant in Folio 931

Procedural Posture

Commercial Dispute (costs Judgment) / Post Trial, Costs Determination

Legal Issues

  1. 1 Whether the successful party should recover all its costs or if an issue-based or percentage reduction is appropriate
  2. 2 Whether conduct of the parties affects the costs order
  3. 3 Whether an interim payment on account of costs should be ordered and in what amount

Ratio Decidendi

Carey was the overall winner and is entitled to its costs, but a 25% reduction is ordered to reflect GHU's success on the Long Stop Date, MAC, and Actos Propios issues. Issue-based costs orders are not practicable due to the interlinked nature of the issues. The costs of the adjourned trial are costs in the cause. GHU is ordered to pay Carey a £4 million interim payment on account of costs, reflecting a conservative estimate after the percentage reduction.

Court Disposition

Carey awarded its costs subject to a 25% reduction; GHU's application for issue-based costs order refused; costs of adjourned trial are costs in the cause; GHU to pay £4 million on account of Carey's costs.

Orders

  • Carey to recover 75% of its costs from GHU, subject to detailed assessment.
  • Costs of the adjourned trial to be costs in the cause.