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 and not to the full extent sought; their conduct and partial success justify an award of 70% of the costs for the 9 January hearing and 50% for the 3 February hearing, with no order for the 12 January hearing. Costs should not be reserved as the trial judge will not be in a better position to determine them. An interim payment of £125,000 is appropriate.

Citation
[2020] EWHC 2279
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 Injunction, Costs Determination
Outcome
Claimants awarded 70% of costs for 9 January 2020 hearing, 50% of costs for 3 February 2020 hearing, no order for 12 January 2020 hearing; interim payment of £125,000 ordered.
Legal Topics
Freezing Injunctions, Interim Relief, Costs Orders, Environmental Contamination, Jurisdiction, Group Litigation
Civil Procedure Environmental Law Freezing Injunctions Interim Relief Costs Orders Environmental Contamination Jurisdiction Group Litigation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Andres Fernando Bravo & Ors

Claimant

Amerisur Resources PLC

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the claimants are entitled to costs of the freezing order applications and related hearings
  2. 2 Whether costs should be reserved or determined at this stage
  3. 3 Appropriate percentage of costs to be awarded given partial success and conduct

Ratio Decidendi

The claimants were successful in obtaining the freezing order, but only conditionally and not to the full extent sought; their conduct and partial success justify an award of 70% of the costs for the 9 January hearing and 50% for the 3 February hearing, with no order for the 12 January hearing. Costs should not be reserved as the trial judge will not be in a better position to determine them. An interim payment of £125,000 is appropriate.

Court Disposition

Claimants awarded 70% of costs for 9 January 2020 hearing, 50% of costs for 3 February 2020 hearing, no order for 12 January 2020 hearing; interim payment of £125,000 ordered.

Orders

  • Claimants to recover 70% of costs of 9 January 2020 hearing, subject to assessment.
  • Claimants to recover 50% of costs of 3 February 2020 hearing, subject to assessment.