Active Media Services Inc v Burmester, Duncker & Joly GmbH & Co & Ors

Active Media Services Inc v Burmester, Duncker & Joly GmbH & Co & Ors

Active’s conduct was reprehensible and justifies indemnity costs; Guarantor Defendants’ dishonest case warrants a reduction but not exclusion of costs; 75% indemnity costs order reflects overall justice between parties.

Parties
Claimant: Active Media Services Inc; First Defendant: Burmester, Duncker & Joly GmbH & Co KG; Second Defendant: AXA Versicherung AG; Third Defendant: European Film Bonds A/S; Fourth Defendant: Double Dutch International Inc
Jurisdiction
England and Wales
Judgment Date
19 February 2021
Procedural Posture
Commercial Claim / Post Judgment Costs Ruling
Outcome
Active ordered to pay 75% of Guarantor Defendants’ costs on indemnity basis; DDI to bear its own costs.
Legal Topics
Costs, Indemnity Costs, Waiver, Estoppel, Breach of Contract
Civil Procedure Contract Law Costs Indemnity Costs Waiver Estoppel Breach of Contract

Case Brief

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Parties

Active Media Services Inc

Claimant

Burmester, Duncker & Joly GmbH & Co KG

First Defendant

AXA Versicherung AG

Second Defendant

European Film Bonds A/S

Third Defendant

Double Dutch International Inc

Fourth Defendant

Procedural Posture

Commercial Claim / Post Judgment Costs Ruling

Legal Issues

  1. 1 Appropriate costs order following judgment
  2. 2 Effect of dishonest evidence on costs
  3. 3 Allocation of costs between parties

Ratio Decidendi

Active’s conduct was reprehensible and justifies indemnity costs; Guarantor Defendants’ dishonest case warrants a reduction but not exclusion of costs; 75% indemnity costs order reflects overall justice between parties.

Court Disposition

Active ordered to pay 75% of Guarantor Defendants’ costs on indemnity basis; DDI to bear its own costs.

Orders

  • Active to pay 75% of Guarantor Defendants’ costs on indemnity basis.
  • Active to pay £900,000 on account of costs to Guarantor Defendants.