Blue Power Group SARL & Ors v ENI Norge SA & Ors [2020] EWHC 634 (Ch) (31 January 2020)

Blue Power Group SARL & Ors v ENI Norge SA & Ors [2020] EWHC 634 (Ch) (31 January 2020)

Security for costs should be ordered on the standard basis at 60% of the claimed sums, except for witness statements and amended defence costs, which are reduced to 50% due to concerns of duplication and excessiveness. Indemnity basis is not justified on the facts presented.

Citation
[2020] EWHC 634 (Ch)
Parties
Claimant/respondent: Blue Power Group SARL; Claimant/respondent: Blue Wave Co SA; Claimant/respondent: Blue MGMT Ltd; Defendant/applicant: ENI Norge SA; Defendant/applicant: ENI SpA; Defendant/applicant: Eniprogetti SpA (formerly known as Tecnomare SpA)
Jurisdiction
England and Wales
Judgment Date
31 January 2020
Procedural Posture
Security for Costs Application / Interlocutory
Outcome
Application for security for costs granted in part.
Legal Topics
Security for Costs, Costs Assessment, Indemnity Basis, Standard Basis
Civil Procedure Security for Costs Costs Assessment Indemnity Basis Standard Basis

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Blue Power Group SARL

Claimant/respondent

Blue Wave Co SA

Claimant/respondent

Blue MGMT Ltd

Claimant/respondent

ENI Norge SA

Defendant/applicant

ENI SpA

Defendant/applicant

Eniprogetti SpA (formerly known as Tecnomare SpA)

Defendant/applicant

Procedural Posture

Security for Costs Application / Interlocutory

Legal Issues

  1. 1 Whether security for costs should be ordered on the indemnity basis or standard basis
  2. 2 Appropriate percentage of costs for security
  3. 3 Assessment of specific categories of costs (witness statements, amended defence, brief fees)

Ratio Decidendi

Security for costs should be ordered on the standard basis at 60% of the claimed sums, except for witness statements and amended defence costs, which are reduced to 50% due to concerns of duplication and excessiveness. Indemnity basis is not justified on the facts presented.

Court Disposition

Application for security for costs granted in part.

Orders

  • Security for costs to be provided at 60% of claimed sums generally.
  • Security for costs for witness statements and amended defence to be provided at 50% of claimed sums.