Green v White Lantern Film (Britannica) Ltd [2023] EWHC 1391 (Ch) (26 May 2023)

Green v White Lantern Film (Britannica) Ltd [2023] EWHC 1391 (Ch) (26 May 2023)

Indemnity costs are justified throughout due to defendants' dishonest evidence, aggressive conduct, and failed allegations. Joint and several liability applies. No deduction for late disclosure by Mr Merrifield; limited deduction for late disclosure by Ms Green. Interim payment set at £1.2 million, reflecting 70% of claimed costs.

Citation
[2023] EWHC 1391 (Ch)
Parties
Claimant / Defendant to Counterclaim: Eva Green; Defendant / Counterclaimant: White Lantern Film (Britannica) Limited; Additional Claimant: SMC Specialty Finance LLC
Jurisdiction
England and Wales
Judgment Date
26 May 2023
Procedural Posture
Consequentials Hearing (post Trial Judgment) / Post Trial, Costs and Permission to Appeal
Outcome
Costs awarded to Ms Green on indemnity basis throughout; Defendants jointly and severally liable. Limited deduction for late disclosure by Ms Green. Interim payment ordered.
Legal Topics
Indemnity Costs, Part 36 Offers, Disclosure Failures, Joint and Several Liability, Interim Payment on Account
Contract Law Civil Procedure Costs Indemnity Costs Part 36 Offers Disclosure Failures Joint and Several Liability Interim Payment on Account

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Parties

Eva Green

Claimant / Defendant to Counterclaim

White Lantern Film (Britannica) Limited

Defendant / Counterclaimant

SMC Specialty Finance LLC

Additional Claimant

Procedural Posture

Consequentials Hearing (post Trial Judgment) / Post Trial, Costs and Permission to Appeal

Legal Issues

  1. 1 Whether costs should be assessed on the indemnity or standard basis prior to 18 August 2022
  2. 2 Allocation of costs liability between defendants
  3. 3 Impact of late disclosure on costs

Ratio Decidendi

Indemnity costs are justified throughout due to defendants' dishonest evidence, aggressive conduct, and failed allegations. Joint and several liability applies. No deduction for late disclosure by Mr Merrifield; limited deduction for late disclosure by Ms Green. Interim payment set at £1.2 million, reflecting 70% of claimed costs.

Court Disposition

Costs awarded to Ms Green on indemnity basis throughout; Defendants jointly and severally liable. Limited deduction for late disclosure by Ms Green. Interim payment ordered.

Orders

  • Defendants to pay Ms Green's costs on indemnity basis for entire proceedings.
  • Defendants to pay interest on costs incurred after 18 August 2022 at 10% over base rate.