Britned Development Ltd v ABB AB & Anor

Britned Development Ltd v ABB AB & Anor

Although BritNed was the technical winner, its relative failure on the main overcharge claim and the existence of a withdrawn Part 36 offer by ABB justified neither party recovering costs from the other. The complexity and intertwined nature of the issues made issue-based costs inappropriate, and the withdrawn offer was not enough to reverse the incidence of costs. The just order was that there be no order as to costs.

Parties
Claimant: Britned Development Limited; Defendant: ABB AB; Defendant: ABB Ltd
Jurisdiction
England and Wales
Judgment Date
14 November 2018
Procedural Posture
Civil (competition/commercial) / Costs Ruling After Judgment and Supplemental Judgment
Outcome
No order as to costs; each party to bear its own costs, including costs of the costs hearing.
Legal Topics
Costs, Cartel Damages, Part 36 Offers, Quantum of Damages
Competition Law Civil Procedure Costs Cartel Damages Part 36 Offers Quantum of Damages

Case Brief

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Parties

Britned Development Limited

Claimant

ABB AB

Defendant

ABB Ltd

Defendant

Procedural Posture

Civil (competition/commercial) / Costs Ruling After Judgment and Supplemental Judgment

Legal Issues

  1. 1 Who is the successful party for the purpose of costs?
  2. 2 Should costs follow the event or be apportioned?
  3. 3 Effect of withdrawn Part 36 offer on costs

Ratio Decidendi

Although BritNed was the technical winner, its relative failure on the main overcharge claim and the existence of a withdrawn Part 36 offer by ABB justified neither party recovering costs from the other. The complexity and intertwined nature of the issues made issue-based costs inappropriate, and the withdrawn offer was not enough to reverse the incidence of costs. The just order was that there be no order as to costs.

Court Disposition

No order as to costs; each party to bear its own costs, including costs of the costs hearing.

Orders

  • No order as to costs; costs to lie where they fall, including costs of today.