The Cultural Foundation (American School of Dubai) v Beazley Furlonge Ltd & Ors

The Cultural Foundation (American School of Dubai) v Beazley Furlonge Ltd & Ors

Costs of the 12 July 2018 hearing and associated preparatory work are to be allocated based on relative success on the costs issues, not on the preliminary issues themselves. ASD and ADNEC are to recover 50% of their costs of the costs issues from Beazley, with no order as to costs between ASD/ADNEC and Excess...

Source-derived case information.

Parties
Claimant: The Cultural Foundation (doing business as American School of Dubai); Claimant: Abu Dhabi National Exhibitions Company; Defendant: Beazley Furlonge Limited; Defendant: Great Lakes Insurance S. E; Defendant: MSI Corporate Capital Limited; Defendant: Aspen Insurance UK Limited; Defendant: QBE Insurance (Europe) Limited
Jurisdiction
England and Wales
Judgment Date
03 October 2018
Procedural Posture
Commercial Court Costs Judgment / Post Trial, Costs Determination After Preliminary Issues Judgment
Outcome
Costs allocated as specified; summary assessment for ASD and ADNEC; payment on account for Excess Insurers; interest awarded as specified.
Legal Topics
Costs, Summary Assessment, Interest on Costs, Allocation of Costs
Civil Procedure Insurance Law Costs Summary Assessment Interest on Costs Allocation of Costs

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Parties

The Cultural Foundation (doing business as American School of Dubai)

Claimant

Abu Dhabi National Exhibitions Company

Claimant

Beazley Furlonge Limited

Defendant

Great Lakes Insurance S. E

Defendant

MSI Corporate Capital Limited

Defendant

Aspen Insurance UK Limited

Defendant

QBE Insurance (Europe) Limited

Defendant

Procedural Posture

Commercial Court Costs Judgment / Post Trial, Costs Determination After Preliminary Issues Judgment

Legal Issues

  1. 1 How should the costs of and relating to the 12 July 2018 hearing be allocated among the parties?
  2. 2 Should costs be summarily assessed or subject to detailed assessment?
  3. 3 What is the appropriate rate and timing for interest on costs awarded?

Ratio Decidendi

Costs of the 12 July 2018 hearing and associated preparatory work are to be allocated based on relative success on the costs issues, not on the preliminary issues themselves. ASD and ADNEC are to recover 50% of their costs of the costs issues from Beazley, with no order as to costs between ASD/ADNEC and Excess Insurers. Excess Insurers are to recover 50% of their costs of the costs issues from Beazley. Summary assessment is appropriate for ASD and ADNEC; Excess Insurers are awarded a payment on account pending detailed assessment. Interest is to run at the judgment rate for ASD and ADNEC from 28 days after judgment, and for Excess Insurers at 2% above base rate until one month after...

Court Disposition

Costs allocated as specified; summary assessment for ASD and ADNEC; payment on account for Excess Insurers; interest awarded as specified.

Orders

  • Beazley to pay £22,000 to ASD within 28 days.
  • Beazley to pay £17,500 to ADNEC within 28 days.