Ali Reza-Delta Transport Co. Ltd. v United Arab Shipping Co. Sag [2003] EWCA Civ 811 (17 June 2003)

A Part 36 offer including a concession on uplift interest does not trigger indemnity costs under CPR 36.21; uplift interest is ancillary and not part of substantive liability for the purposes of the rule. The Respondents' conduct was not sufficiently unreasonable to justify indemnity costs under CPR 44.3.

Citation: [2003] EWCA Civ 811
Parties: Claimant/appellant: Ali Reza-Delta Transport Co. Ltd.; Defendant/respondent: United Arab Shipping Co. SAG
Jurisdiction: England and Wales
Judgment Date: 17 June 2003
Procedural Posture: Civil Appeal / Appeal From Central London Civil Justice Centre, Mercantile List
Outcome: Appeal costs awarded on standard basis.
Legal Topics: Part 36 Offers, Indemnity Costs, Interest on Costs

Civil Procedure Costs Part 36 Offers Indemnity Costs Interest on Costs

Case Brief

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Parties

Ali Reza-Delta Transport Co. Ltd.

Claimant/appellant

United Arab Shipping Co. SAG

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Central London Civil Justice Centre, Mercantile List

Legal Issues

1 Whether costs of appeal should be awarded on the indemnity basis under CPR 36.21 or CPR 44.3
2 Whether a Part 36 offer including a concession on uplift interest triggers indemnity costs

Ratio Decidendi

Court Disposition

Appeal costs awarded on standard basis.

Orders

Respondents to pay Appellants' costs of the appeal on the standard basis.
Appellants to pay the cost of the skeleton argument dated 12 May 2003 on the standard basis if not agreed.