Ferand Business Corporation & Ors v Maritime Investments Holdings Ltd & Anor

Ferand Business Corporation & Ors v Maritime Investments Holdings Ltd & Anor

The second defendant's conduct, including very late applications and advancing indefensible positions, was unreasonable to a high degree and outside the norm, justifying indemnity costs for claimants and first defendant for specific periods and applications.

Parties
Claimant: Ferand Business Corporation; Claimant: Angeliki Frangou; Claimant: Maritime Enterprises Management S.A.; First Defendant/additional Claimant: Maritime Investments Holdings Limited; Second Defendant/additional Defendant: Kolen International S.A.
Jurisdiction
England and Wales
Judgment Date
29 January 2021
Procedural Posture
Commercial Court Costs Ruling / Post Judgment Costs Determination
Outcome
Costs partly assessed on indemnity basis, partly on standard basis.
Legal Topics
Costs Assessment, Indemnity Costs, Standard Costs, Late Applications, Trial Conduct
Civil Procedure Commercial Law Costs Assessment Indemnity Costs Standard Costs Late Applications Trial Conduct

Case Brief

Summary, issues, holding and outcome

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Parties

Ferand Business Corporation

Claimant

Angeliki Frangou

Claimant

Maritime Enterprises Management S.A.

Claimant

Maritime Investments Holdings Limited

First Defendant/additional Claimant

Kolen International S.A.

Second Defendant/additional Defendant

Procedural Posture

Commercial Court Costs Ruling / Post Judgment Costs Determination

Legal Issues

  1. 1 Should costs be assessed on the indemnity or standard basis for claimants and first defendant?
  2. 2 Did the second defendant's conduct justify indemnity costs?
  3. 3 Impact of late applications on trial preparation and conduct

Ratio Decidendi

The second defendant's conduct, including very late applications and advancing indefensible positions, was unreasonable to a high degree and outside the norm, justifying indemnity costs for claimants and first defendant for specific periods and applications.

Court Disposition

Costs partly assessed on indemnity basis, partly on standard basis.

Orders

  • Claimants' costs of second defendant's applications to re-amend defence and adduce witness statements to be assessed on indemnity basis.
  • Claimants' costs of claim to be assessed on standard basis, except costs from date of service of late applications to end of trial to be assessed on indemnity basis.