Berezovsky v Abramovich [2011] EWCA Civ 484 (24 March 2011)

Berezovsky v Abramovich [2011] EWCA Civ 484 (24 March 2011)

The judge did not err in principle in his approach to the costs order; he was entitled to consider whether, had the amendments been made earlier, the applications would have been pursued and costs incurred. The discretion as to costs was properly exercised, and there was no basis to interfere with the order made.

Citation
[2011] EWCA Civ 484
Parties
Appellant: Berezovsky; Respondent: Abramovich
Jurisdiction
England and Wales
Judgment Date
24 March 2011
Procedural Posture
Appeal / Application for Permission to Appeal on Costs and Appeal on Costs Order
Outcome
Appeal dismissed
Legal Topics
Costs, Amendment of Pleadings, Strike Out Applications, Summary Judgment
Civil Procedure Commercial Law Costs Amendment of Pleadings Strike Out Applications Summary Judgment

Case Brief

Summary, issues, holding and outcome

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Parties

Berezovsky

Appellant

Abramovich

Respondent

Procedural Posture

Appeal / Application for Permission to Appeal on Costs and Appeal on Costs Order

Legal Issues

  1. 1 Whether the costs order made by the High Court judge was correct in light of late amendments to pleadings and the conduct of strike-out applications

Ratio Decidendi

The judge did not err in principle in his approach to the costs order; he was entitled to consider whether, had the amendments been made earlier, the applications would have been pursued and costs incurred. The discretion as to costs was properly exercised, and there was no basis to interfere with the order made.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal on costs granted
  • Appeal on costs dismissed