"Krysia" Maritime Inc v Intership Ltd

"Krysia" Maritime Inc v Intership Ltd

The claimant is the party that really won at trial; there is no principle or rule in Admiralty or under the CPR that costs must be apportioned in line with liability where there is no counterclaim; the general rule in CPR Pt 44.3(2)(a) applies and the claimant is entitled to all its costs; the facts of this case do not justify an issues-based or proportionate costs order.

Parties
Claimant: KRYSIA Maritime Inc; Defendant: Intership Ltd
Jurisdiction
England and Wales
Judgment Date
01 August 2008
Procedural Posture
Admiralty / Post Liability Judgment; Costs Determination
Outcome
Costs order in favour of the claimant; parties settled the amount of costs.
Legal Topics
Apportionment of Liability, Costs Orders, Contributory Negligence
Admiralty Civil Procedure Apportionment of Liability Costs Orders Contributory Negligence

Case Brief

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Parties

KRYSIA Maritime Inc

Claimant

Intership Ltd

Defendant

Procedural Posture

Admiralty / 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 survives under the CPR

Ratio Decidendi

The claimant is the party that really won at trial; there is no principle or rule in Admiralty or under the CPR that costs must be apportioned in line with liability where there is no counterclaim; the general rule in CPR Pt 44.3(2)(a) applies and the claimant is entitled to all its costs; the facts of this case do not justify an issues-based or proportionate costs order.

Court Disposition

Costs order in favour of the claimant; parties settled the amount of costs.

Orders

  • Claimant entitled to all its costs of the liability hearing.