G & A Ltd v HNJ Jewelry (Asia) Ltd [2004] EWCA Civ 938 (22 June 2004)

Although the claimants' precise construction was not accepted, they were substantially successful in the contract's construction dispute; therefore, they are entitled to 75% of their costs at trial and on appeal, reflecting partial success.

Citation: [2004] EWCA Civ 938
Parties: Claimant/respondent: G & A Limited; Defendant/appellant: HNJ Jewelry (Asia) Limited; Defendant/appellant: First and Fourth Appellants
Jurisdiction: England and Wales
Judgment Date: 22 June 2004
Procedural Posture: Civil Appeal / Costs Determination Following Judgment on Contract Construction
Outcome: Claimants/respondents awarded 75% of their costs at trial and on appeal, assessed at £40,000, payable by first, third, and fourth defendants.
Legal Topics: Interpretation of Supply Contract, Costs Orders, Notice Periods for Termination

Contract Law Civil Procedure Interpretation of Supply Contract Costs Orders Notice Periods for Termination

Case Brief

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Parties

G & A Limited

Claimant/respondent

HNJ Jewelry (Asia) Limited

Defendant/appellant

First and Fourth Appellants

Defendant/appellant

Procedural Posture

Civil Appeal / Costs Determination Following Judgment on Contract Construction

Legal Issues

1 Proper construction of supply contract regarding notice period for termination
2 Entitlement to costs following partial success on appeal

Ratio Decidendi

Court Disposition

Claimants/respondents awarded 75% of their costs at trial and on appeal, assessed at £40,000, payable by first, third, and fourth defendants.

Orders

Order for payment of 75% of £40,000 in costs to claimants/respondents.
Order for costs made against first, third, and fourth defendants.