Balmoral Group Ltd. v Borealis (UK) Ltd & Ors

Balmoral Group Ltd. v Borealis (UK) Ltd & Ors

The deficiencies in Balmoral's expert evidence, particularly the RAPRA report and Mr Clements' testimony, justified an order for indemnity costs limited to specific work and hearing days. The overall conduct of Balmoral did not warrant indemnity costs for the entire proceedings.

Parties
Claimant: Balmoral Group Limited; Defendant: Borealis (UK) Limited; Defendant: Borealis AS; Defendant: Borealis A/S
Jurisdiction
England and Wales
Judgment Date
17 October 2006
Procedural Posture
Commercial / Post Trial Costs Ruling
Outcome
Costs order: standard basis generally, indemnity basis for specified work and hearing days related to expert evidence deficiencies.
Legal Topics
Indemnity Costs, Standard Costs, Expert Evidence, Settlement Offers, Witness Conduct
Civil Procedure Costs Indemnity Costs Standard Costs Expert Evidence Settlement Offers Witness Conduct

Case Brief

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Parties

Balmoral Group Limited

Claimant

Borealis (UK) Limited

Defendant

Borealis AS

Defendant

Borealis A/S

Defendant

Procedural Posture

Commercial / Post Trial Costs Ruling

Legal Issues

  1. 1 Whether costs should be awarded on the standard or indemnity basis
  2. 2 Whether the claimant's conduct justified indemnity costs
  3. 3 Impact of expert evidence deficiencies on costs

Ratio Decidendi

The deficiencies in Balmoral's expert evidence, particularly the RAPRA report and Mr Clements' testimony, justified an order for indemnity costs limited to specific work and hearing days. The overall conduct of Balmoral did not warrant indemnity costs for the entire proceedings.

Court Disposition

Costs order: standard basis generally, indemnity basis for specified work and hearing days related to expert evidence deficiencies.

Orders

  • Balmoral to pay Borealis' costs on the standard basis except:
  • Balmoral to pay on the indemnity basis the costs incurred by Borealis for work by Capcis after receipt of RAPRA’s first report dated 27th October 2005.