UPL Europe Ltd & Anor v Agchemaccess Chemicals Ltd & Ors

UPL Europe Ltd & Anor v Agchemaccess Chemicals Ltd & Ors

The first and third defendants failed to engage with the claimants regarding expert evidence, did not respond to correspondence, and proceeded without proper engagement, justifying a costs order in favour of the claimants, subject to a modest reduction as the primary relief was not pursued.

Parties
Claimant: UPL Europe Limited; Claimant: UPL Deutschland GmbH; Defendant: Agchemaccess Chemicals Limited; Defendant: Grosvenor Chemicals Limited; Defendant: Mr Nicholas Gooch
Jurisdiction
England and Wales
Judgment Date
17 November 2016
Procedural Posture
Civil / Costs Determination After Interlocutory Application
Outcome
Application for costs granted in part
Legal Topics
Expert Evidence, Costs, Case Management
Civil Procedure Expert Evidence Costs Case Management

Case Brief

Summary, issues, holding and outcome

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Parties

UPL Europe Limited

Claimant

UPL Deutschland GmbH

Claimant

Agchemaccess Chemicals Limited

Defendant

Grosvenor Chemicals Limited

Defendant

Mr Nicholas Gooch

Defendant

Procedural Posture

Civil / Costs Determination After Interlocutory Application

Legal Issues

  1. 1 Whether the claimants are entitled to costs of the application regarding expert evidence
  2. 2 Whether the defendants' conduct justified a costs order against them

Ratio Decidendi

The first and third defendants failed to engage with the claimants regarding expert evidence, did not respond to correspondence, and proceeded without proper engagement, justifying a costs order in favour of the claimants, subject to a modest reduction as the primary relief was not pursued.

Court Disposition

Application for costs granted in part

Orders

  • First and third defendants to pay 85% of the claimants’ costs of the application on the standard basis, summarily assessed at £14,821.25.
  • Claimants to lodge a draft order reflecting this determination.