"Krysia" Maritime Inc v Intership Ltd [2008] EWHC 1880 (Admlty) (01 August 2008)

"Krysia" Maritime Inc v Intership Ltd [2008] EWHC 1880 (Admlty) (01 August 2008)

The successful claimant is entitled to recover all its costs under CPR Part 44.3(2)(a) unless there is a good reason to depart from the general rule. The fact that the claimant was found partly at fault and only recovered a proportion of its claim is not, by itself, a sufficient reason to reduce the costs awarded. There is no binding Admiralty practice or principle requiring costs to be apportioned in line with liability in such cases.

Citation
[2008] EWHC 1880 (Admlty)
Parties
Claimant: KRYSIA Maritime Inc; Defendant: Intership Ltd
Jurisdiction
England and Wales
Judgment Date
01 August 2008
Procedural Posture
Admiralty Damages Claim / Post Liability Judgment, Costs Determination
Outcome
Costs order in favour of the claimant; claimant entitled to all its costs of the liability hearing.
Legal Topics
Apportionment of Liability, Costs Orders, Contributory Negligence, Collision at Sea
Admiralty Civil Procedure Apportionment of Liability Costs Orders Contributory Negligence Collision at Sea

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 16 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

KRYSIA Maritime Inc

Claimant

Intership Ltd

Defendant

Procedural Posture

Admiralty Damages Claim / Post Liability Judgment, Costs Determination

Legal Issues

  1. 1 Whether the successful claimant should recover all its costs where liability is apportioned due to contributory negligence and there is no counterclaim
  2. 2 Whether longstanding Admiralty practice on costs apportionment survives under the CPR

Ratio Decidendi

The successful claimant is entitled to recover all its costs under CPR Part 44.3(2)(a) unless there is a good reason to depart from the general rule. The fact that the claimant was found partly at fault and only recovered a proportion of its claim is not, by itself, a sufficient reason to reduce the costs awarded. There is no binding Admiralty practice or principle requiring costs to be apportioned in line with liability in such cases.

Court Disposition

Costs order in favour of the claimant; claimant entitled to all its costs of the liability hearing.

Orders

  • Claimant awarded all its costs of the liability hearing.