Cartus Corporation v Atlantic Mobility Ltd [2014] EWHC 2868 (QB) (22 August 2014)

Cartus Corporation v Atlantic Mobility Ltd [2014] EWHC 2868 (QB) (22 August 2014)

AML failed to comply within a reasonable period with Cartus' demands for delivery up, creating suspicion and provoking litigation; Cartus was justified in issuing proceedings and is entitled to 90% of its costs. Joinder of Wayne Sidell for non-party costs is ordered.

Citation
[2014] EWHC 2868 (QB)
Parties
Claimant: Cartus Corporation; Defendant: Atlantic Mobility Limited
Jurisdiction
England and Wales
Judgment Date
22 August 2014
Procedural Posture
Application for Costs in Delivery Up Proceedings / Post Adjournment, Costs Determination
Outcome
Cartus awarded 90% of its costs of the application for delivery up, including costs of present application. Wayne Sidell joined for purposes of non-party costs order.
Legal Topics
Bailment, Conversion, Assignment of Contracts, Non Party Costs Orders
Commercial Law Insolvency Law Property Law Bailment Conversion Assignment of Contracts Non Party Costs Orders

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Parties

Cartus Corporation

Claimant

Atlantic Mobility Limited

Defendant

Procedural Posture

Application for Costs in Delivery Up Proceedings / Post Adjournment, Costs Determination

Legal Issues

  1. 1 Whether AML wrongfully detained goods and failed to deliver up on demand
  2. 2 Whether Cartus had immediate right to possession
  3. 3 Whether AML's conduct justified litigation and costs

Ratio Decidendi

AML failed to comply within a reasonable period with Cartus' demands for delivery up, creating suspicion and provoking litigation; Cartus was justified in issuing proceedings and is entitled to 90% of its costs. Joinder of Wayne Sidell for non-party costs is ordered.

Court Disposition

Cartus awarded 90% of its costs of the application for delivery up, including costs of present application. Wayne Sidell joined for purposes of non-party costs order.

Orders

  • Cartus to recover 90% of its costs, subject to detailed assessment if not agreed.
  • Wayne Sidell to be joined for non-party costs application.