PGF II SA & Anor v Royal & Sun Alliance Insurance Plc & Anor [2010] EWHC 1981 (TCC) (29 July 2010)

PGF II SA & Anor v Royal & Sun Alliance Insurance Plc & Anor [2010] EWHC 1981 (TCC) (29 July 2010)

Claimants were the successful parties and are entitled to recover their reasonable costs, subject to a 10% deduction against the First Defendant to reflect partial success by Defendants on certain issues. No indemnity costs are awarded as the relevant offers did not meet the required clarity or timing to justify such an order. Conduct of the parties and compliance with protocols did not warrant further reduction or penalty in costs.

Citation
[2010] EWHC 1981 (TCC)
Parties
Claimant: PGF II S. A; Claimant: PGF II(LIME) S. A; 1st Defendant: Royal & Sun Alliance Insurance PLC; 2nd Defendant: London & Edinburgh Insurance Company Limited
Jurisdiction
England and Wales
Judgment Date
29 July 2010
Procedural Posture
Civil (technology and Construction Court) / Costs Judgment Following Substantive Judgment
Outcome
Claimants awarded costs against Defendants, with 90% of costs recoverable from First Defendant and full costs from Second Defendant, all on the standard basis subject to detailed assessment if not agreed.
Legal Topics
Dilapidations, Landlord and Tenant, Costs Orders, Pre Action Protocols, Part 36 Offers
Property Law Civil Procedure Dilapidations Landlord and Tenant Costs Orders Pre Action Protocols Part 36 Offers

Case Brief

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Parties

PGF II S. A

Claimant

PGF II(LIME) S. A

Claimant

Royal & Sun Alliance Insurance PLC

1st Defendant

London & Edinburgh Insurance Company Limited

2nd Defendant

Procedural Posture

Civil (technology and Construction Court) / Costs Judgment Following Substantive Judgment

Legal Issues

  1. 1 Entitlement to costs following judgment in dilapidations claim
  2. 2 Effect of compliance with Pre-Action Protocols on costs
  3. 3 Impact of Part 36 and Calderbank offers on costs

Ratio Decidendi

Claimants were the successful parties and are entitled to recover their reasonable costs, subject to a 10% deduction against the First Defendant to reflect partial success by Defendants on certain issues. No indemnity costs are awarded as the relevant offers did not meet the required clarity or timing to justify such an order. Conduct of the parties and compliance with protocols did not warrant further reduction or penalty in costs.

Court Disposition

Claimants awarded costs against Defendants, with 90% of costs recoverable from First Defendant and full costs from Second Defendant, all on the standard basis subject to detailed assessment if not agreed.

Orders

  • First Defendant to pay 90% of Claimants' costs on the standard basis, subject to detailed assessment if not agreed.
  • Second Defendant to pay Claimants' costs on the standard basis, subject to detailed assessment if not agreed.