Standard Chartered Bank v Pakistan National Shipping Corporation & Ors [2001] EWCA Civ 183 (6 February 2001)

Standard Chartered Bank v Pakistan National Shipping Corporation & Ors [2001] EWCA Civ 183 (6 February 2001)

The Court apportioned costs to reflect the deceitful conduct of SCB's employees towards Incomin, reducing recoverable costs accordingly, and denied indemnity costs as the conduct did not warrant it. Mr Mehra was awarded most of his costs due to his success on appeal, with a reduction for the factual issue on which he failed.

Citation
[2001] EWCA Civ 183
Parties
Plaintiff/respondent: Standard Chartered Bank; Defendant/appellant: Pakistan National Shipping Corporation; Defendant/appellant: Seaways Maritime Limited; Defendant/appellant: SGS United Kingdom Limited; Defendant/appellant: Oakprime International Limited; Defendant/appellant: Arvind Mehra
Jurisdiction
England and Wales
Judgment Date
06 February 2001
Procedural Posture
Appeal (civil) / Ruling on Costs After Appeal From High Court Judgment
Outcome
Costs apportioned as per detailed orders; no indemnity costs; liberty to apply post-quantum appeal.
Legal Topics
Fraudulent Misrepresentation, Costs Orders, Contributory Negligence, Ex Turpi Causa, Indemnity Costs
Commercial Law Civil Procedure Fraudulent Misrepresentation Costs Orders Contributory Negligence Ex Turpi Causa Indemnity Costs

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Parties

Standard Chartered Bank

Plaintiff/respondent

Pakistan National Shipping Corporation

Defendant/appellant

Seaways Maritime Limited

Defendant/appellant

SGS United Kingdom Limited

Defendant/appellant

Oakprime International Limited

Defendant/appellant

Arvind Mehra

Defendant/appellant

Procedural Posture

Appeal (civil) / Ruling on Costs After Appeal From High Court Judgment

Legal Issues

  1. 1 Whether costs should be reduced due to claimant's deceitful conduct
  2. 2 Whether indemnity costs should be awarded
  3. 3 Whether Mr Mehra should be deprived of his costs

Ratio Decidendi

The Court apportioned costs to reflect the deceitful conduct of SCB's employees towards Incomin, reducing recoverable costs accordingly, and denied indemnity costs as the conduct did not warrant it. Mr Mehra was awarded most of his costs due to his success on appeal, with a reduction for the factual issue on which he failed.

Court Disposition

Costs apportioned as per detailed orders; no indemnity costs; liberty to apply post-quantum appeal.

Orders

  • SCB to recover two-thirds of its trial and first appeal hearing costs from PNSC, and all costs of the second appeal hearing.
  • Costs subject to detailed assessment on the standard basis.