Eva Green v White Lantern Film (Britannica) Limited & Anor

Eva Green v White Lantern Film (Britannica) Limited & Anor

The Defendants' conduct, including dishonest evidence and aggressive litigation, justified indemnity costs throughout. The Defendants are jointly and severally liable for all costs, with no allocation between them. Ms Green is deprived of her own costs relating to her late disclosure, but no further deductions are made. An interim payment of £1.2 million is ordered.

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
11 September 2024
Procedural Posture
Civil Contractual/commercial / Post Trial Consequentials Hearing (costs and Permission to Appeal)
Outcome
Costs awarded to Ms Green on the indemnity basis throughout, with minor deduction for her own late disclosure. Defendants jointly and severally liable. Interim payment ordered.
Legal Topics
Indemnity Costs, Part 36 Offers, Disclosure, Allocation of Costs, Permission to Appeal
Civil Procedure Contract Law Costs Indemnity Costs Part 36 Offers Disclosure Allocation of Costs Permission to Appeal

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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

Civil Contractual/commercial / Post Trial Consequentials Hearing (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 Whether there should be an allocation of costs between the two Defendants
  3. 3 Whether late disclosure by Ms Green and her witnesses should affect the costs order

Ratio Decidendi

The Defendants' conduct, including dishonest evidence and aggressive litigation, justified indemnity costs throughout. The Defendants are jointly and severally liable for all costs, with no allocation between them. Ms Green is deprived of her own costs relating to her late disclosure, but no further deductions are made. An interim payment of £1.2 million is ordered.

Court Disposition

Costs awarded to Ms Green on the indemnity basis throughout, with minor deduction for her own late disclosure. Defendants jointly and severally liable. Interim payment ordered.

Orders

  • Defendants to pay Ms Green's costs on the indemnity basis throughout, except Ms Green is deprived of her own costs relating to her late disclosure as defined in the order of 15 February 2023.
  • Defendants to pay interest on costs incurred after 18 August 2022 at 10% over base rate.