RJ & Anor v HB [2018] EWHC 2958 (Comm) (05 November 2018)

RJ & Anor v HB [2018] EWHC 2958 (Comm) (05 November 2018)

Claimants were the successful party, having established procedural irregularity and partial setting aside of the Award; although they failed on removal of the Arbitrator and some points on the Addenda, those failures warranted a discount but not displacement of the general rule. The defendant's offer was not as advantageous as the outcome obtained. The appropriate order is for the defendant to pay 80% of claimants' costs, subject to detailed assessment, with a payment on account.

Citation
[2018] EWHC 2958 (Comm)
Parties
Claimant: RJ; Claimant: L Ltd; Defendant: HB
Jurisdiction
England and Wales
Judgment Date
05 November 2018
Procedural Posture
Costs Judgment Following S.68 Arbitration Act 1996 Claim / Post Substantive Judgment, Costs Determination
Outcome
Defendant to pay 80% of claimants' costs, subject to detailed assessment on standard basis if not agreed.
Legal Topics
Section 68 Arbitration Act 1996, Costs Orders, Procedural Irregularity, Remission Vs Setting Aside, Removal of Arbitrator
Arbitration Civil Procedure Section 68 Arbitration Act 1996 Costs Orders Procedural Irregularity Remission Vs Setting Aside Removal of Arbitrator

Case Brief

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Parties

RJ

Claimant

L Ltd

Claimant

HB

Defendant

Procedural Posture

Costs Judgment Following S.68 Arbitration Act 1996 Claim / Post Substantive Judgment, Costs Determination

Legal Issues

  1. 1 Who is the successful party for costs purposes
  2. 2 Appropriate costs order where claimants succeeded in part
  3. 3 Impact of offers and failed issues on costs

Ratio Decidendi

Claimants were the successful party, having established procedural irregularity and partial setting aside of the Award; although they failed on removal of the Arbitrator and some points on the Addenda, those failures warranted a discount but not displacement of the general rule. The defendant's offer was not as advantageous as the outcome obtained. The appropriate order is for the defendant to pay 80% of claimants' costs, subject to detailed assessment, with a payment on account.

Court Disposition

Defendant to pay 80% of claimants' costs, subject to detailed assessment on standard basis if not agreed.

Orders

  • Defendant to pay 80% of claimants' costs.
  • Costs subject to detailed assessment on standard basis if not agreed.