Papera Traders Co Ltd & Ors v Hyundai Merchant Marine Co Ltd. & Anor

Papera Traders Co Ltd & Ors v Hyundai Merchant Marine Co Ltd. & Anor

Websters are entitled to recover costs for work comparable to that of a senior assistant solicitor at a reasonable hourly rate of £150 for the relevant period, subject to reasonableness and proportionality. An uplift to reflect contingency risk is recoverable in principle but must be determined at detailed...

Source-derived case information.

Parties
Claimant: The Papera Traders Co Ltd and Ors; Defendant: Hyundai Merchant Marine Co Ltd; Defendant: The Keihin Co Ltd
Jurisdiction
England and Wales
Judgment Date
17 September 2003
Procedural Posture
Costs Assessment / Post Trial Detailed Assessment
Outcome
Costs recoverable in principle, subject to detailed assessment.
Legal Topics
Recoverability of Costs, Assessment of Costs, Contingency Fees, Hourly Rates, Duplication of Costs, Litigation Support Services
Civil Procedure Costs Recoverability of Costs Assessment of Costs Contingency Fees Hourly Rates Duplication of Costs Litigation Support Services

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Parties

The Papera Traders Co Ltd and Ors

Claimant

Hyundai Merchant Marine Co Ltd

Defendant

The Keihin Co Ltd

Defendant

Procedural Posture

Costs Assessment / Post Trial Detailed Assessment

Legal Issues

  1. 1 What is the appropriate hourly rate for work done by marine recovery agents (Websters)?
  2. 2 Are the costs claimed by Websters recoverable in principle as costs?
  3. 3 Is an uplift or enhancement to reflect contingency fee risk recoverable?

Ratio Decidendi

Websters are entitled to recover costs for work comparable to that of a senior assistant solicitor at a reasonable hourly rate of £150 for the relevant period, subject to reasonableness and proportionality. An uplift to reflect contingency risk is recoverable in principle but must be determined at detailed assessment. Costs for work outside the scope of the costs order, including the second trial and limitation action, are excluded. Duplication with solicitors' work must be excluded.

Court Disposition

Costs recoverable in principle, subject to detailed assessment.

Orders

  • Websters' recoverable hourly rate set at £150 for September 1998 to May 2002.
  • Uplift/enhancement for contingency risk recoverable in principle, quantum to be determined at detailed assessment.