A v B & Ors [2007] EWHC 54 (Comm) (23 January 2007)

A v B & Ors [2007] EWHC 54 (Comm) (23 January 2007)

Deliberate breach of arbitration and jurisdiction agreements by A in invoking English court jurisdiction justifies indemnity costs orders for all defendants, including interim payments and interest, as compensation for reasonable legal costs incurred. Conduct of A was a serious departure from the norm, warranting judicial disapproval and full compensation.

Citation
[2007] EWHC 54 (Comm)
Parties
Claimant: A; First Defendant: B; Second Defendant: C; Third Defendant: D; Fourth Defendant: Company E
Jurisdiction
England and Wales
Judgment Date
23 January 2007
Procedural Posture
Commercial Court Costs Application / Post Judgment, Costs Determination
Outcome
Costs applications granted in favour of all defendants on indemnity basis.
Legal Topics
Indemnity Costs, Jurisdiction Clauses, Arbitration Agreements, Interim Payments, Interest on Costs
Civil Procedure Arbitration Trusts Indemnity Costs Jurisdiction Clauses Arbitration Agreements Interim Payments Interest on Costs

Case Brief

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Parties

A

Claimant

B

First Defendant

C

Second Defendant

D

Third Defendant

Company E

Fourth Defendant

Procedural Posture

Commercial Court Costs Application / Post Judgment, Costs Determination

Legal Issues

  1. 1 Whether indemnity costs should be awarded for breach of arbitration/jurisdiction agreements
  2. 2 Whether interim payments and interest on costs are appropriate
  3. 3 Whether conduct of parties affects costs orders

Ratio Decidendi

Deliberate breach of arbitration and jurisdiction agreements by A in invoking English court jurisdiction justifies indemnity costs orders for all defendants, including interim payments and interest, as compensation for reasonable legal costs incurred. Conduct of A was a serious departure from the norm, warranting judicial disapproval and full compensation.

Court Disposition

Costs applications granted in favour of all defendants on indemnity basis.

Orders

  • Interim payment of £600,000 to B forthwith.
  • Interim payment of £490,000 to C forthwith.