Standard Chartered Bank v Pakistan National Shipping Corporation & Ors [2001] EWCA Civ 225 (19 February 2001)

Standard Chartered Bank v Pakistan National Shipping Corporation & Ors [2001] EWCA Civ 225 (19 February 2001)

The appeal is allowed in part, limiting the claimant's recovery to $30,261.70 plus interest. Costs of the appeal are awarded to the claimant against the first defendant and Mr Mehra, but no exceptional order is made regarding indemnity costs or interest under Part 36. Permission to appeal to the House of Lords is refused.

Citation
[2001] EWCA Civ 225
Parties
Claimant: Standard Chartered Bank; First Defendant: Pakistan National Shipping Corporation; Second Defendant: Seaways Maritime Limited; Part 20 Defendant (third Party): SGS United Kingdom Limited; Fourth Defendant: Oakprime International Limited; Fifth Defendant: Arvind Mehra
Jurisdiction
England and Wales
Judgment Date
19 February 2001
Procedural Posture
Civil Appeal / Judgment on Appeal From High Court (commercial Court)
Outcome
Appeal allowed in part
Legal Topics
Mitigation of Damage, Costs, Appeal Procedure
Commercial Law Mitigation of Damage Costs Appeal Procedure

Case Brief

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Parties

Standard Chartered Bank

Claimant

Pakistan National Shipping Corporation

First Defendant

Seaways Maritime Limited

Second Defendant

SGS United Kingdom Limited

Part 20 Defendant (third Party)

Oakprime International Limited

Fourth Defendant

Arvind Mehra

Fifth Defendant

Procedural Posture

Civil Appeal / Judgment on Appeal From High Court (commercial Court)

Legal Issues

  1. 1 Extent of damages recoverable by claimant
  2. 2 Entitlement to costs on appeal
  3. 3 Application of Part 36 offer rules

Ratio Decidendi

The appeal is allowed in part, limiting the claimant's recovery to $30,261.70 plus interest. Costs of the appeal are awarded to the claimant against the first defendant and Mr Mehra, but no exceptional order is made regarding indemnity costs or interest under Part 36. Permission to appeal to the House of Lords is refused.

Court Disposition

Appeal allowed in part

Orders

  • Claimant awarded $30,261.70 plus interest
  • Claimant awarded 100% costs of appeal against PNSC