Bravo & Ors v Amerisur Resources Plc [2020] EWHC 2279 (QB) (19 March 2020)

Bravo & Ors v Amerisur Resources Plc [2020] EWHC 2279 (QB) (19 March 2020)

The claimants were successful in obtaining the freezing order, but only conditionally (subject to cross-undertaking and at a lower quantum than sought), and with procedural shortcomings in later applications. The court determined that costs should be apportioned: claimants to receive 70% of costs for the 9 January hearing, no order for the 12 January hearing, and 50% of costs for the 3 February hearing. An interim payment of £125,000 was ordered on account of costs, subject to further submissions.

Citation
[2020] EWHC 2279 (QB)
Parties
Claimant: Andres Fernando Bravo & Ors; Defendant: Amerisur Resources PLC
Jurisdiction
England and Wales
Judgment Date
19 March 2020
Procedural Posture
Application for Costs Following Interim Freezing Order Proceedings / Post Interim Relief, Costs Determination
Outcome
Costs apportioned; interim payment ordered
Legal Topics
Freezing Injunctions, Interim Relief, Costs Orders, Group Litigation, Jurisdiction, Environmental Contamination
Civil Procedure Environmental Law Freezing Injunctions Interim Relief Costs Orders Group Litigation Jurisdiction Environmental Contamination

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Parties

Andres Fernando Bravo & Ors

Claimant

Amerisur Resources PLC

Defendant

Procedural Posture

Application for Costs Following Interim Freezing Order Proceedings / Post Interim Relief, Costs Determination

Legal Issues

  1. 1 Whether claimants are entitled to costs of applications for freezing orders and related hearings
  2. 2 Appropriate apportionment of costs given partial success and procedural conduct
  3. 3 Whether costs should be reserved or determined at this stage

Ratio Decidendi

The claimants were successful in obtaining the freezing order, but only conditionally (subject to cross-undertaking and at a lower quantum than sought), and with procedural shortcomings in later applications. The court determined that costs should be apportioned: claimants to receive 70% of costs for the 9 January hearing, no order for the 12 January hearing, and 50% of costs for the 3 February hearing. An interim payment of £125,000 was ordered on account of costs, subject to further submissions.

Court Disposition

Costs apportioned; interim payment ordered

Orders

  • Claimants awarded 70% of costs for 9 January 2020 hearing, to be assessed
  • No order as to costs for 12/13 January 2020 hearing