OCM Maritime Nile LLC & Anor v Courage Shipping Co & Ors

OCM Maritime Nile LLC & Anor v Courage Shipping Co & Ors

Mr Mallah was the real party to the litigation, controlled and funded the defence, acted with serious impropriety and bad faith, and is justly liable for costs on the indemnity basis under section 51 of the Senior Courts Act 1981.

Parties
Claimant: OCM Maritime Nile LLC; Claimant: OCM Maritime Kama LLC; Defendant: Courage Shipping Co; Defendant: Amethyst Ventures Co; Defendant: Oryx Shipping Ltd; Defendant: Abdul Jalil Mallah
Jurisdiction
England and Wales
Judgment Date
26 October 2022
Procedural Posture
Commercial / Post Trial Costs Determination
Outcome
Costs order against Mr Mallah as a non-party; costs assessed on indemnity basis; payment on account ordered.
Legal Topics
Non Party Costs Orders, Director Liability, Indemnity Costs, Freezing Orders
Civil Procedure Company Law Non Party Costs Orders Director Liability Indemnity Costs Freezing Orders

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Parties

OCM Maritime Nile LLC

Claimant

OCM Maritime Kama LLC

Claimant

Courage Shipping Co

Defendant

Amethyst Ventures Co

Defendant

Oryx Shipping Ltd

Defendant

Abdul Jalil Mallah

Defendant

Procedural Posture

Commercial / Post Trial Costs Determination

Legal Issues

  1. 1 Whether a non-party costs order should be made against Mr Mallah under section 51 of the Senior Courts Act 1981
  2. 2 Whether Mr Mallah was the real party to the litigation and funded/controlled the defence
  3. 3 Whether Mr Mallah acted with impropriety or bad faith in connection with the litigation

Ratio Decidendi

Mr Mallah was the real party to the litigation, controlled and funded the defence, acted with serious impropriety and bad faith, and is justly liable for costs on the indemnity basis under section 51 of the Senior Courts Act 1981.

Court Disposition

Costs order against Mr Mallah as a non-party; costs assessed on indemnity basis; payment on account ordered.

Orders

  • Mr Mallah to pay costs of proceedings to 4 March 2022 assessed on the indemnity basis.
  • Mr Mallah to pay US$ 1 million on account of costs.