Westbrook Resources Ltd v Globe Metallurgical Inc

Westbrook Resources Ltd v Globe Metallurgical Inc

It would be unjust to award enhanced interest or indemnity costs where the Claimant only beat its own Part 36 offer by a de minimis margin (0.8%), and the case did not require the attendance of two counsel for the Claimant.

Source-derived case information.

Parties
Claimant: Westbrook Resources Ltd.; Defendant: Globe Metallurgical Inc.
Jurisdiction
England and Wales
Judgment Date
19 February 2008
Procedural Posture
Commercial / Post Judgment Application for Costs and Interest Under CPR 36(14)
Outcome
Application for enhanced interest and indemnity costs refused; further interim payment on account of costs ordered; no certification for two counsel.
Legal Topics
Costs, Interest, Part 36 Offers, Sale of Goods
Civil Procedure Commercial Law Costs Interest Part 36 Offers Sale of Goods

Source-derived case record

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Parties

Westbrook Resources Ltd.

Claimant

Globe Metallurgical Inc.

Defendant

Procedural Posture

Commercial / Post Judgment Application for Costs and Interest Under CPR 36(14)

Legal Issues

  1. 1 Whether the Claimant is entitled to enhanced interest and indemnity costs under CPR 36(14) after beating its own Part 36 offer by a de minimis margin
  2. 2 Whether the case was fit for the attendance of two counsel for the Claimant

Ratio Decidendi

It would be unjust to award enhanced interest or indemnity costs where the Claimant only beat its own Part 36 offer by a de minimis margin (0.8%), and the case did not require the attendance of two counsel for the Claimant.

Court Disposition

Application for enhanced interest and indemnity costs refused; further interim payment on account of costs ordered; no certification for two counsel.

Orders

  • Defendant to pay Claimant's costs of the entire action on the standard basis, to be assessed if not agreed.
  • Further interim payment on account of costs in the sum of £50,000 ordered.