PDVSA Servicios SA v Clyde & Co LLP & Anor [2020] EWHC 3297 (Ch) (02 December 2020)

PDVSA Servicios SA v Clyde & Co LLP & Anor [2020] EWHC 3297 (Ch) (02 December 2020)

Although POS was justified in its frustration at the NCA's lack of clarity and delay, the joinder application was not the appropriate procedural route to resolve the issues. Neither POS nor the NCA was more at fault, so the justice of the case required no order as to costs between them. Clyde & Co's costs were not caused by PDVSA's injunction, so no order as to costs was made in its favour. No order as to costs was made for PDVSA.

Citation
[2020] EWHC 3297 (Ch)
Parties
Claimant: PDVSA Servicios S.A.; First Defendant: Clyde & Co LLP; Second Defendant: Petrosaudi Oil Services (Venezuela) Limited; Proposed Third Defendant: The National Crime Agency
Jurisdiction
England and Wales
Judgment Date
02 December 2020
Procedural Posture
Chancery Division Property, Trusts and Probate / Costs Ruling Following Application for Joinder of the National Crime Agency
Outcome
No order as to costs between POS and the NCA; no order as to costs for Clyde & Co or PDVSA.
Legal Topics
Costs Orders, Joinder of Parties, Proceeds of Crime Act 2002, Escrow Arrangements, Arbitration Enforcement, Injunctions
Civil Procedure Trusts and Probate Money Laundering Costs Orders Joinder of Parties Proceeds of Crime Act 2002 Escrow Arrangements Arbitration Enforcement +1 more

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Parties

PDVSA Servicios S.A.

Claimant

Clyde & Co LLP

First Defendant

Petrosaudi Oil Services (Venezuela) Limited

Second Defendant

The National Crime Agency

Proposed Third Defendant

Procedural Posture

Chancery Division Property, Trusts and Probate / Costs Ruling Following Application for Joinder of the National Crime Agency

Legal Issues

  1. 1 Whether the National Crime Agency should be joined as a party to the proceedings under CPR 19.2
  2. 2 Whether costs should be awarded following the unsuccessful joinder application
  3. 3 Whether the conduct of the NCA justified an adverse costs order

Ratio Decidendi

Although POS was justified in its frustration at the NCA's lack of clarity and delay, the joinder application was not the appropriate procedural route to resolve the issues. Neither POS nor the NCA was more at fault, so the justice of the case required no order as to costs between them. Clyde & Co's costs were not caused by PDVSA's injunction, so no order as to costs was made in its favour. No order as to costs was made for PDVSA.

Court Disposition

No order as to costs between POS and the NCA; no order as to costs for Clyde & Co or PDVSA.

Orders

  • No order as to costs between Petrosaudi Oil Services (Venezuela) Limited and the National Crime Agency
  • No order as to costs for Clyde & Co LLP