Aircraft Purchase Fleet Ltd v Compagnia Aerea Italiana SPA

Aircraft Purchase Fleet Ltd v Compagnia Aerea Italiana SPA

The claim was inherently weak, pursued despite the claimant's knowledge of its own default, lack of disclosure, and untruthful evidence, justifying indemnity costs.

Parties
Claimant: Aircraft Purchase Fleet Ltd; Defendant: Compagnia Aerea Italiana SpA
Jurisdiction
England and Wales
Judgment Date
18 January 2019
Procedural Posture
Commercial Claim / Costs Ruling After Judgment
Outcome
Claimant to pay defendant's costs on the indemnity basis; no order for costs on the counterclaim; interim payment ordered.
Legal Topics
Costs, Indemnity Costs, Disclosure, Repudiation of Contract
Civil Procedure Commercial Law Costs Indemnity Costs Disclosure Repudiation of Contract

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Aircraft Purchase Fleet Ltd

Claimant

Compagnia Aerea Italiana SpA

Defendant

Procedural Posture

Commercial Claim / Costs Ruling After Judgment

Legal Issues

  1. 1 Whether costs should be awarded on the indemnity basis
  2. 2 Whether the claimant's conduct took the case 'out of the norm'
  3. 3 Appropriate order for costs of the counterclaim

Ratio Decidendi

The claim was inherently weak, pursued despite the claimant's knowledge of its own default, lack of disclosure, and untruthful evidence, justifying indemnity costs.

Court Disposition

Claimant to pay defendant's costs on the indemnity basis; no order for costs on the counterclaim; interim payment ordered.

Orders

  • Claimant to pay defendant's costs of the claim on the indemnity basis.
  • No order for costs of the counterclaim.