Glencore International AG v Metro Trading International Inc Credit Lyonnais (France) SA & Ors [2002] EWCA Civ 138 (6 February 2002)

Glencore International AG v Metro Trading International Inc Credit Lyonnais (France) SA & Ors [2002] EWCA Civ 138 (6 February 2002)

The application for permission to appeal the costs order is adjourned because the appropriateness of the costs order is contingent on the outcome of the substantive appeals and cross-appeals, and should be determined by the court hearing those appeals.

Citation
[2002] EWCA Civ 138
Parties
Claimant/respondent: Glencore International AG; Defendant/applicant: Metro Trading International Inc; Defendant/applicant: Credit Lyonnais (France) SA
Jurisdiction
England and Wales
Judgment Date
06 February 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal (costs Order)
Outcome
Application for permission to appeal adjourned
Legal Topics
Costs Orders, Appeals, Proprietary Claims, CPR (civil Procedure Rules)
Civil Procedure Commercial Law Costs Orders Appeals Proprietary Claims CPR (civil Procedure Rules)

Case Brief

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Parties

Glencore International AG

Claimant/respondent

Metro Trading International Inc

Defendant/applicant

Credit Lyonnais (France) SA

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal (costs Order)

Legal Issues

  1. 1 Whether the judge erred in exercising discretion on costs by applying an 'issues' approach rather than an 'outcome' approach under the CPR
  2. 2 Whether the costs order should stand pending substantive appeals

Ratio Decidendi

The application for permission to appeal the costs order is adjourned because the appropriateness of the costs order is contingent on the outcome of the substantive appeals and cross-appeals, and should be determined by the court hearing those appeals.

Court Disposition

Application for permission to appeal adjourned

Orders

  • Application for permission to appeal the costs order is adjourned to be heard immediately after the substantive appeals and cross-appeals.