Britned Development Ltd v ABB AB & Anor [2018] EWHC 3142 (Ch) (14 November 2018)

Britned Development Ltd v ABB AB & Anor [2018] EWHC 3142 (Ch) (14 November 2018)

Although BritNed was technically the successful party, its recovery was far below its claim and it failed to beat ABB's Part 36 offer. However, since ABB withdrew its Part 36 offer, the automatic costs consequences did not apply. The complexity and intertwined nature of the issues made issue-based costs inappropriate. The fairest outcome was no order as to costs, so costs lie where they fall.

Citation
[2018] EWHC 3142 (Ch)
Parties
Claimant: Britned Development Limited; Defendant: ABB AB; Defendant: ABB Ltd
Jurisdiction
England and Wales
Judgment Date
14 November 2018
Procedural Posture
Commercial/competition Damages Claim / Post Judgment Costs Ruling
Outcome
No order as to costs
Legal Topics
Costs, Part 36 Offers, Cartel Damages, Quantum of Damages
Competition Law Civil Procedure Costs Part 36 Offers Cartel Damages Quantum of Damages

Case Brief

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Parties

Britned Development Limited

Claimant

ABB AB

Defendant

ABB Ltd

Defendant

Procedural Posture

Commercial/competition Damages Claim / Post Judgment Costs Ruling

Legal Issues

  1. 1 Who is the successful party for the purpose of costs?
  2. 2 What is the effect of a withdrawn Part 36 offer on costs?
  3. 3 Should costs be apportioned or discounted based on relative success/failure on issues?

Ratio Decidendi

Although BritNed was technically the successful party, its recovery was far below its claim and it failed to beat ABB's Part 36 offer. However, since ABB withdrew its Part 36 offer, the automatic costs consequences did not apply. The complexity and intertwined nature of the issues made issue-based costs inappropriate. The fairest outcome was no order as to costs, so costs lie where they fall.

Court Disposition

No order as to costs

Orders

  • There be no order as to costs; costs will lie where they fall, including the costs of the present hearing.