RJ & Anor v HB

RJ & Anor v HB

The claimants were the successful party, having succeeded in setting aside part of the Award for serious irregularity, and are entitled to their costs subject to a 20% reduction to reflect their failure on certain issues, including the unreasonable pursuit of removal of the Arbitrator and some attacks on the Addenda, which added to the costs.

Parties
Claimant: RJ; Claimant: L Ltd; Defendant: HB
Jurisdiction
England and Wales
Judgment Date
05 November 2018
Procedural Posture
Arbitration Challenge (s.68 Arbitration Act 1996) / Costs Judgment Following Substantive Judgment
Outcome
Defendant to pay 80% of claimants' costs, subject to detailed assessment if not agreed, with a payment on account ordered.
Legal Topics
Costs, Arbitration Award Challenge, Removal of Arbitrator, CPR 44.2, CPR Part 36
Arbitration Civil Procedure Costs Arbitration Award Challenge Removal of Arbitrator CPR 44.2 CPR Part 36

Case Brief

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Parties

RJ

Claimant

L Ltd

Claimant

HB

Defendant

Procedural Posture

Arbitration Challenge (s.68 Arbitration Act 1996) / Costs Judgment Following Substantive Judgment

Legal Issues

  1. 1 Who is the successful party for costs purposes in a partially successful s.68 Arbitration Act 1996 claim?
  2. 2 Should costs be reduced where the successful party failed on some issues, including removal of the arbitrator?
  3. 3 What is the effect of open or without prejudice offers on costs in arbitration challenges?

Ratio Decidendi

The claimants were the successful party, having succeeded in setting aside part of the Award for serious irregularity, and are entitled to their costs subject to a 20% reduction to reflect their failure on certain issues, including the unreasonable pursuit of removal of the Arbitrator and some attacks on the Addenda, which added to the costs.

Court Disposition

Defendant to pay 80% of claimants' costs, subject to detailed assessment if not agreed, with a payment on account ordered.

Orders

  • Defendant to pay 80% of claimants' costs, assessed on the standard basis if not agreed.
  • Defendant to pay £110,000 on account of costs within 14 days.