PDVSA Servicios SA v Clyde & Co LLP & Anor

PDVSA Servicios SA v Clyde & Co LLP & Anor

Neither POS nor the NCA can clearly be regarded as more at fault or more deserving of an award of costs; the justice of the case is best met by making no order for costs as between POS and the NCA. The joinder application was not the appropriate route to address the concerns, and the NCA should have clarified its position, but POS’s application failed in its purpose. Clyde & Co’s participation was neutral, and no order for costs is made in its favour. No order is made for PDVSA’s costs.

Parties
Claimant: PDVSA Servicios S.A.; First Defendant: Clyde & Co LLP; Second Defendant: PetroSaudi Oil Services (Venezuela) Limited; Proposed Third Defendant: The National Crime Agency
Jurisdiction
England and Wales
Judgment Date
02 December 2020
Procedural Posture
Civil / Costs Ruling Following Joinder Application
Outcome
No order as to costs between POS and the NCA; no order as to costs for Clyde & Co and PDVSA.
Legal Topics
Joinder of Parties, Costs, Proceeds of Crime Act, Escrow Arrangements, Mandatory Orders, Confidentiality of Reporting, Arbitration Awards
Civil Procedure Money Laundering Trusts and Probate Joinder of Parties Costs Proceeds of Crime Act Escrow Arrangements Mandatory Orders +2 more

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Parties

PDVSA Servicios S.A.

Claimant

Clyde & Co LLP

First Defendant

PetroSaudi Oil Services (Venezuela) Limited

Second Defendant

The National Crime Agency

Proposed Third Defendant

Procedural Posture

Civil / Costs Ruling Following Joinder Application

Legal Issues

  1. 1 Whether the National Crime Agency should be joined as a party to proceedings under CPR 19.2
  2. 2 Whether costs should be awarded following the unsuccessful joinder application
  3. 3 The impact of POCA and the DAML process on payments from the Escrow Account

Ratio Decidendi

Neither POS nor the NCA can clearly be regarded as more at fault or more deserving of an award of costs; the justice of the case is best met by making no order for costs as between POS and the NCA. The joinder application was not the appropriate route to address the concerns, and the NCA should have clarified its position, but POS’s application failed in its purpose. Clyde & Co’s participation was neutral, and no order for costs is made in its favour. No order is made for PDVSA’s costs.

Court Disposition

No order as to costs between POS and the NCA; no order as to costs for Clyde & Co and PDVSA.

Orders

  • No order as to costs between POS and the NCA.
  • No order as to costs for Clyde & Co.