ADS Aerospace Ltd v EMS Global Tracking Ltd

ADS Aerospace Ltd v EMS Global Tracking Ltd

The Defendant did not act unreasonably in refusing mediation; without prejudice discussions were offered and mediation was not likely to be productive given the Claimant's position. The Defendant is entitled to its costs on the standard basis, an interim payment, and interest.

Source-derived case information.

Parties
Claimant: ADS Aerospace Limited; Defendant: EMS Global Tracking Limited
Jurisdiction
England and Wales
Judgment Date
24 October 2012
Procedural Posture
Civil / Post Trial Costs Judgment
Outcome
Costs awarded to Defendant; interim payment and interest ordered.
Legal Topics
Costs, Alternative Dispute Resolution, Mediation, Security for Costs
Civil Procedure Costs Alternative Dispute Resolution Mediation Security for Costs

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

ADS Aerospace Limited

Claimant

EMS Global Tracking Limited

Defendant

Procedural Posture

Civil / Post Trial Costs Judgment

Legal Issues

  1. 1 Whether the Defendant acted unreasonably in refusing mediation and should have its costs reduced
  2. 2 Entitlement to costs and interim payment
  3. 3 Entitlement to interest on costs

Ratio Decidendi

The Defendant did not act unreasonably in refusing mediation; without prejudice discussions were offered and mediation was not likely to be productive given the Claimant's position. The Defendant is entitled to its costs on the standard basis, an interim payment, and interest.

Court Disposition

Costs awarded to Defendant; interim payment and interest ordered.

Orders

  • Claimant to pay Defendant's costs assessed on standard basis.
  • Claimant to make interim payment of £525,000 to Defendant on account of costs.