Dexia Crediop S.P.A v Comune Di Prato

Dexia Crediop S.P.A v Comune Di Prato

Given Prato's overall success but failure on numerous defences and counterclaims, and the substantial resources expended on issues where Prato lost, the court exercised its discretion to depart from the general rule and ordered that each party bear its own costs, considering the conduct of both parties and the need for proportionality.

Parties
Claimant: Dexia Crediop S.p.A; Defendant: Comune di Prato
Jurisdiction
England and Wales
Judgment Date
12 January 2017
Procedural Posture
Commercial / Post Trial Judgment on Costs
Outcome
Each party to bear its own costs.
Legal Topics
Costs, Issue Based Costs Orders, Litigation Conduct, Financial Services, Local Government Law
Civil Procedure Commercial Law Costs Issue Based Costs Orders Litigation Conduct Financial Services Local Government Law

Case Brief

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Parties

Dexia Crediop S.p.A

Claimant

Comune di Prato

Defendant

Procedural Posture

Commercial / Post Trial Judgment on Costs

Legal Issues

  1. 1 What is the appropriate primary costs order given the mixed success of both parties?
  2. 2 Should the court depart from the general rule that costs follow the event?
  3. 3 To what extent should issue-based costs orders be applied in complex litigation?

Ratio Decidendi

Given Prato's overall success but failure on numerous defences and counterclaims, and the substantial resources expended on issues where Prato lost, the court exercised its discretion to depart from the general rule and ordered that each party bear its own costs, considering the conduct of both parties and the need for proportionality.

Court Disposition

Each party to bear its own costs.

Orders

  • Each side shall bear its own costs.