Cartus Corporation v Atlantic Mobility Ltd

Cartus Corporation v Atlantic Mobility Ltd

AML, through Mr Sidell, failed without good reason to comply with Cartus’ demands for delivery up of the Woolston lot within a reasonable period and failed to provide reassurance, creating a climate of suspicion that justified Cartus in issuing proceedings and incurring costs. Cartus is entitled to 90% of its costs of the application for delivery up, including the present application, subject to detailed assessment.

Parties
Claimant: Cartus Corporation; Defendant: Atlantic Mobility Limited
Jurisdiction
England and Wales
Judgment Date
22 August 2014
Procedural Posture
Civil / Costs Application Following Delivery Up Proceedings
Outcome
Claimant awarded 90% of costs; defendant’s director joined for non-party costs application.
Legal Topics
Costs, Conversion, Bailment, Possession of Goods, Assignment of Contracts
Civil Procedure Commercial Law Bailment Costs Conversion Possession of Goods Assignment of Contracts

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 4 Party arguments 2
Sign in to unlock

Parties

Cartus Corporation

Claimant

Atlantic Mobility Limited

Defendant

Procedural Posture

Civil / Costs Application Following Delivery Up Proceedings

Legal Issues

  1. 1 Whether the claimant is entitled to costs of the application for delivery up of goods
  2. 2 Whether the defendant wrongfully detained the goods and failed to comply with demands for delivery up
  3. 3 Whether the proceedings were justified in respect of both storage lots

Ratio Decidendi

AML, through Mr Sidell, failed without good reason to comply with Cartus’ demands for delivery up of the Woolston lot within a reasonable period and failed to provide reassurance, creating a climate of suspicion that justified Cartus in issuing proceedings and incurring costs. Cartus is entitled to 90% of its costs of the application for delivery up, including the present application, subject to detailed assessment.

Court Disposition

Claimant awarded 90% of costs; defendant’s director joined for non-party costs application.

Orders

  • Cartus awarded 90% of its costs of the application for delivery up, including the present application, subject to detailed assessment.
  • Wayne Sidell to be added as a party for the purposes of Cartus’ application for a non-party costs order.