Lonestar Communications Corporation LLC v Daniel Kaye & Ors

Lonestar Communications Corporation LLC v Daniel Kaye & Ors

The default interest rate for US dollar awards in the Commercial Court is US Prime, without uplift, unless evidence justifies otherwise. Lonestar is entitled to 40% of its costs up to the effective WPSATC offer, reflecting its limited success and speculative claim, and must pay Orange Liberia's costs thereafter. Defendants are jointly and severally liable for common costs in specified proportions.

Parties
Claimant: Lonestar Communications Corporation LLC; Defendant: Daniel Kaye; Defendant: Avishai Marziano; Defendant: Cellcom Telecommunications Limited; Defendant: Ran Polani; Defendant: Orange Liberia, Inc
Jurisdiction
England and Wales
Judgment Date
30 March 2023
Procedural Posture
Commercial / Consequentials After Main Judgment
Outcome
Costs and interest orders following main judgment; allocation of costs and contribution between parties.
Legal Topics
Interest on Judgment Debts, Costs Orders, Without Prejudice Offers, Contribution Between Defendants
Civil Procedure Commercial Law Interest on Judgment Debts Costs Orders Without Prejudice Offers Contribution Between Defendants

Case Brief

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Parties

Lonestar Communications Corporation LLC

Claimant

Daniel Kaye

Defendant

Avishai Marziano

Defendant

Cellcom Telecommunications Limited

Defendant

Ran Polani

Defendant

Orange Liberia, Inc

Defendant

Procedural Posture

Commercial / Consequentials After Main Judgment

Legal Issues

  1. 1 Appropriate interest rate for US dollar awards in the Commercial Court
  2. 2 Whether uplift above US Prime is justified
  3. 3 Proper costs order in light of partial success and offers

Ratio Decidendi

The default interest rate for US dollar awards in the Commercial Court is US Prime, without uplift, unless evidence justifies otherwise. Lonestar is entitled to 40% of its costs up to the effective WPSATC offer, reflecting its limited success and speculative claim, and must pay Orange Liberia's costs thereafter. Defendants are jointly and severally liable for common costs in specified proportions.

Court Disposition

Costs and interest orders following main judgment; allocation of costs and contribution between parties.

Orders

  • Interest on US dollar award at US Prime, no uplift.
  • Lonestar to recover 40% of its costs up to 5 December 2021 from all Defendants jointly and severally for common costs; specific allocations for costs solely referable to each Defendant.