St Vincent European General Partner Ltd v Robinson & Ors

St Vincent European General Partner Ltd v Robinson & Ors

The claimant must pay the defendants’ costs on the standard basis up to 9 January 2018 and on the indemnity basis thereafter, as the claimant continued the action after it was clear it had no real prospect of success, taking the case out of the norm. Payments on account are ordered. Permission to appeal and a stay of costs orders are refused.

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); Proposed Defendant: KOREA FUEL-TECH POLAND SP. Z. O. O.; Proposed Defendant: JOHN CLARKE; Proposed Defendant: MACDONALD & PARTNERS LIMITED; Proposed Defendant: PICTON JONES (ASSET MANAGEMENT) LIMITED; Proposed Defendant: HAUSSMANN DEVELOPMENTS POLSKA SP. Z. O. O.
Jurisdiction
England and Wales
Judgment Date
13 June 2018
Procedural Posture
Commercial / Post Summary Judgment; Costs and Permission to Appeal
Outcome
Claimant's application for permission to appeal refused; costs orders made in favour of defendants, including indemnity costs and payments on account; stay of costs orders refused.
Legal Topics
Costs, Indemnity Costs, Payments on Account, Permission to Appeal, Stay of Costs Orders
Civil Procedure Commercial Law Costs Indemnity Costs Payments on Account Permission to Appeal Stay of Costs Orders

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.

Proposed Defendant

JOHN CLARKE

Proposed Defendant

MACDONALD & PARTNERS LIMITED

Proposed Defendant

PICTON JONES (ASSET MANAGEMENT) LIMITED

Proposed Defendant

HAUSSMANN DEVELOPMENTS POLSKA SP. Z. O. O.

Proposed Defendant

Procedural Posture

Commercial / Post Summary Judgment; Costs and 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

The claimant must pay the defendants’ costs on the standard basis up to 9 January 2018 and on the indemnity basis thereafter, as the claimant continued the action after it was clear it had no real prospect of success, taking the case out of the norm. Payments on account are ordered. Permission to appeal and a stay of costs orders are refused.

Court Disposition

Claimant's application for permission to appeal refused; costs orders made in favour of defendants, including indemnity costs and payments on account; stay of costs orders refused.

Orders

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