St Vincent European General Partner Ltd v Robinson & Ors [2018] EWHC 1442 (Comm) (13 June 2018)

St Vincent European General Partner Ltd v Robinson & Ors [2018] EWHC 1442 (Comm) (13 June 2018)

Given the claimant's persistence with claims lacking a good arguable case after clear judicial indication, and the aggressive conduct of the litigation, indemnity costs are justified from 9 January 2018 onwards for existing defendants and for proposed new defendants. Payments on account are appropriate in the specified amounts. Permission to appeal is refused as there is no real prospect of success. A stay of costs orders is refused due to lack of sufficient assurance regarding payment of defendants' costs.

Citation
[2018] EWHC 1442 (Comm)
Parties
Claimant: ST VINCENT EUROPEAN GENERAL PARTNER LIMITED; Defendant: BRUCE ROBINSON; Defendant: WINTERBOURNE PTE LIMITED; Defendant: PPL WINTERBOURNE LIMITED; Defendant: POLAD LIMITED; Defendant: MOLYNEUX INVESTMENTS LIMITED; Defendant: THISTLE AVIATION LIMITED; Defendant: JENIFER COPELAND; Defendant: STEPHEN COPELAND; Defendant: JAMES HOSEASON; Defendant: DAVID TOMS; Defendant: ALASTAIR NICHOLSON (deceased, through the administrator of his estate, Alistair David John Nicholson Jr); Defendant: KOREA FUEL-TECH POLAND SP. Z. O. O.; Defendant: JOHN CLARKE; Defendant: MACDONALD & PARTNERS LIMITED; Defendant: PICTON JONES (ASSET MANAGEMENT) LIMITED; Defendant: HAUSSMANN DEVELOPMENTS POLSKA SP. Z. O. O.; Proposed Defendant: Proposed 12th Defendant; Proposed Defendant: Proposed 13th Defendant; Proposed Defendant: Proposed 14th Defendant; Proposed Defendant: Proposed 15th Defendant; Proposed Defendant: Proposed 16th Defendant
Jurisdiction
England and Wales
Judgment Date
13 June 2018
Procedural Posture
Commercial Court Claim / Post Judgment: Costs, Payments on Account, Permission to Appeal
Outcome
Claimant ordered to pay defendants' costs, with indemnity costs from 9 January 2018 onwards; payments on account ordered; permission to appeal refused; stay of costs orders refused.
Legal Topics
Costs, Indemnity Costs, Payments on Account, Permission to Appeal, Stay of Execution
Civil Procedure Commercial Law Costs Indemnity Costs Payments on Account Permission to Appeal Stay of Execution

Case Brief

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Parties

ST VINCENT EUROPEAN GENERAL PARTNER LIMITED

Claimant

BRUCE ROBINSON

Defendant

WINTERBOURNE PTE LIMITED

Defendant

PPL WINTERBOURNE LIMITED

Defendant

POLAD LIMITED

Defendant

MOLYNEUX INVESTMENTS LIMITED

Defendant

THISTLE AVIATION LIMITED

Defendant

JENIFER COPELAND

Defendant

STEPHEN COPELAND

Defendant

JAMES HOSEASON

Defendant

DAVID TOMS

Defendant

ALASTAIR NICHOLSON (deceased, through the administrator of his estate, Alistair David John Nicholson Jr)

Defendant

KOREA FUEL-TECH POLAND SP. Z. O. O.

Defendant

JOHN CLARKE

Defendant

MACDONALD & PARTNERS LIMITED

Defendant

PICTON JONES (ASSET MANAGEMENT) LIMITED

Defendant

HAUSSMANN DEVELOPMENTS POLSKA SP. Z. O. O.

Defendant

Proposed 12th Defendant

Proposed Defendant

Proposed 13th Defendant

Proposed Defendant

Proposed 14th Defendant

Proposed Defendant

Proposed 15th Defendant

Proposed Defendant

Proposed 16th Defendant

Proposed Defendant

Procedural Posture

Commercial Court Claim / Post Judgment: Costs, Payments on Account, Permission to Appeal

Legal Issues

  1. 1 Whether costs should be assessed on the indemnity basis
  2. 2 Whether payments on account of costs should be ordered and in what amounts
  3. 3 Whether permission to appeal should be granted

Ratio Decidendi

Given the claimant's persistence with claims lacking a good arguable case after clear judicial indication, and the aggressive conduct of the litigation, indemnity costs are justified from 9 January 2018 onwards for existing defendants and for proposed new defendants. Payments on account are appropriate in the specified amounts. Permission to appeal is refused as there is no real prospect of success. A stay of costs orders is refused due to lack of sufficient assurance regarding payment of defendants' costs.

Court Disposition

Claimant ordered to pay defendants' costs, with indemnity costs from 9 January 2018 onwards; payments on account ordered; permission to appeal refused; stay of costs orders refused.

Orders

  • Claimant to pay defendants' costs up to and including 9 January 2018 on the standard basis and thereafter on the indemnity basis.
  • Payments on account to be made within 14 days: £320,000 to Robinson defendants, £170,000 to Nicholson defendants, £15,000 to KFTP, £50,000 to Picton Jones.