Rotam Agrochemical Company Ltd & Anor v GAT Microencapsulation GmbH [2018] EWHC 3006 (Comm) (08 November 2018)

Rotam Agrochemical Company Ltd & Anor v GAT Microencapsulation GmbH [2018] EWHC 3006 (Comm) (08 November 2018)

GAT was the successful party in substance and reality, as Rotam failed on its primary claims and recovered only a small proportion of its claim on an alternative basis. The general rule that the unsuccessful party pays the successful party's costs applies, but a significant reduction is warranted to reflect GAT's failure on unjust enrichment, abandonment of Austrian law, and conduct issues. Rotam is ordered to pay 50% of GAT's costs, assessed on the standard basis.

Citation
[2018] EWHC 3006 (Comm)
Parties
Claimant: Rotam Agrochemical Company Limited; Claimant: Rotam Agrochem International Company Limited; Defendant: GAT Microencapsulation GmbH (formerly GAT Microencapsulation AG)
Jurisdiction
England and Wales
Judgment Date
08 November 2018
Procedural Posture
Commercial Claim (costs Judgment) / Post Trial Costs Determination
Outcome
Rotam to pay 50% of GAT's costs, assessed on the standard basis.
Legal Topics
Costs, Unjust Enrichment, Contract, Tortious Misrepresentation
Civil Procedure Commercial Law Costs Unjust Enrichment Contract Tortious Misrepresentation

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Parties

Rotam Agrochemical Company Limited

Claimant

Rotam Agrochem International Company Limited

Claimant

GAT Microencapsulation GmbH (formerly GAT Microencapsulation AG)

Defendant

Procedural Posture

Commercial Claim (costs Judgment) / Post Trial Costs Determination

Legal Issues

  1. 1 Who is the successful party for the purposes of CPR 44.2 in a case where the claimant recovers a small proportion of the claim on an alternative basis?
  2. 2 What is the appropriate order as to costs in light of partial success and conduct of the parties?

Ratio Decidendi

GAT was the successful party in substance and reality, as Rotam failed on its primary claims and recovered only a small proportion of its claim on an alternative basis. The general rule that the unsuccessful party pays the successful party's costs applies, but a significant reduction is warranted to reflect GAT's failure on unjust enrichment, abandonment of Austrian law, and conduct issues. Rotam is ordered to pay 50% of GAT's costs, assessed on the standard basis.

Court Disposition

Rotam to pay 50% of GAT's costs, assessed on the standard basis.

Orders

  • Rotam to pay 50% of GAT's costs, assessed on the standard basis.
  • Payment on account of costs to be agreed or determined by the court if not agreed.