Sirius International Insurance Corporation & Ors v Aktien-Gesellschaft [2002] EWHC 9010 (Costs) (09 July 2002)

Sirius International Insurance Corporation & Ors v Aktien-Gesellschaft [2002] EWHC 9010 (Costs) (09 July 2002)

The Claimants' bill of costs appears as a whole to be disproportionate. The detailed assessment will proceed on the basis that only reasonable costs necessary for conducting the litigation in a proportionate manner will be recoverable.

Citation
[2002] EWHC 9010 (Costs)
Parties
Claimant: Claimants; Defendant: Defendant
Jurisdiction
England and Wales
Judgment Date
09 July 2002
Procedural Posture
Costs Assessment Following Settlement of Preliminary Issue in Reinsurance Contract Dispute / Detailed Assessment of Costs, Preliminary Issue of Proportionality
Outcome
Claimants' bill of costs to be assessed on the basis of necessity and proportionality; only necessary costs recoverable.
Legal Topics
Costs Assessment, Proportionality of Costs, Reinsurance Contracts, Declaratory Relief
Civil Procedure Insurance Law Costs Assessment Proportionality of Costs Reinsurance Contracts Declaratory Relief

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Parties

Claimants

Claimant

Defendant

Defendant

Procedural Posture

Costs Assessment Following Settlement of Preliminary Issue in Reinsurance Contract Dispute / Detailed Assessment of Costs, Preliminary Issue of Proportionality

Legal Issues

  1. 1 Whether the Claimants' bill of costs is proportionate to the matters in issue under CPR 44.4 and 44.5
  2. 2 Whether the conduct of the Defendant justifies the quantum of the Claimants' costs
  3. 3 Whether only necessary costs should be allowed if the litigation was conducted in a proportionate manner

Ratio Decidendi

The Claimants' bill of costs appears as a whole to be disproportionate. The detailed assessment will proceed on the basis that only reasonable costs necessary for conducting the litigation in a proportionate manner will be recoverable.

Court Disposition

Claimants' bill of costs to be assessed on the basis of necessity and proportionality; only necessary costs recoverable.

Orders

  • Detailed assessment to proceed on the basis that only necessary costs incurred in a proportionate manner are recoverable.