Ferand Business Corporation & Ors v Maritime Investments Holdings Ltd & Anor [2021] EWHC 197 (Comm) (29 January 2021)

Ferand Business Corporation & Ors v Maritime Investments Holdings Ltd & Anor [2021] EWHC 197 (Comm) (29 January 2021)

The second defendant's conduct in making very late applications to amend its defence and adduce further evidence was unreasonable to a high degree and outside the norm, justifying indemnity costs for those applications and for the period from service of the applications to the end of trial. The remainder of the claimants' and first defendant's costs are to be assessed on the standard basis, except for the trial itself, which is to be on the indemnity basis due to the cumulative effect of the second defendant's conduct.

Citation
[2021] EWHC 197 (Comm)
Parties
Claimant: Ferand Business Corporation; Claimant: Angeliki Frangou; Claimant: Maritime Enterprises Management S. A.; First Defendant/additional Claimant: Maritime Investments Holdings Limited; Second Defendant/additional Defendant: Kolen International S. A.
Jurisdiction
England and Wales
Judgment Date
29 January 2021
Procedural Posture
Commercial Court Claim (costs Ruling) / Post Trial, Costs Determination
Outcome
Partially granted (indemnity costs for specific periods/applications, standard basis otherwise)
Legal Topics
Costs Assessment, Indemnity Costs, Standard Basis Costs, Litigation Conduct
Civil Procedure Commercial Law Costs Assessment Indemnity Costs Standard Basis Costs Litigation Conduct

Case Brief

Summary, issues, holding and outcome

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Parties

Ferand Business Corporation

Claimant

Angeliki Frangou

Claimant

Maritime Enterprises Management S. A.

Claimant

Maritime Investments Holdings Limited

First Defendant/additional Claimant

Kolen International S. A.

Second Defendant/additional Defendant

Procedural Posture

Commercial Court Claim (costs Ruling) / Post Trial, Costs Determination

Legal Issues

  1. 1 Whether the claimants' and first defendant's costs should be assessed on the indemnity basis or standard basis against the second defendant
  2. 2 Whether the conduct of the second defendant justified indemnity costs for specific applications and/or the trial

Ratio Decidendi

The second defendant's conduct in making very late applications to amend its defence and adduce further evidence was unreasonable to a high degree and outside the norm, justifying indemnity costs for those applications and for the period from service of the applications to the end of trial. The remainder of the claimants' and first defendant's costs are to be assessed on the standard basis, except for the trial itself, which is to be on the indemnity basis due to the cumulative effect of the second defendant's conduct.

Court Disposition

Partially granted (indemnity costs for specific periods/applications, standard basis otherwise)

Orders

  • Second defendant to pay claimants' costs of the applications to re-amend defence and adduce witness statements on the indemnity basis.
  • Second defendant to pay claimants' costs from the date of service of the first late application to the end of trial on the indemnity basis.