Blue Power Group SARL & Ors v ENI Norge SA & Ors

Blue Power Group SARL & Ors v ENI Norge SA & Ors

The court was not satisfied that indemnity basis for costs was justified and ordered security for costs on the standard basis, with specific reductions for certain categories where duplication or excess was likely.

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
Civil (business and Property Courts) / Application for Security for Costs
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

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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

Civil (business and Property Courts) / Application for Security for Costs

Legal Issues

  1. 1 Whether security for costs should be ordered on the indemnity basis
  2. 2 Appropriate percentage for security for costs
  3. 3 Assessment of costs for witness statements, amended defence, and brief fees

Ratio Decidendi

The court was not satisfied that indemnity basis for costs was justified and ordered security for costs on the standard basis, with specific reductions for certain categories where duplication or excess was likely.

Court Disposition

Application for security for costs granted in part

Orders

  • Security for costs to be provided at 60% of the sums claimed generally, except for witness statements and amended defence, which are set at 50% of the amounts claimed.