Fibula Air Travel SRL v Just-Us Air SRL

Fibula Air Travel SRL v Just-Us Air SRL

Fibula was the overall successful party as their amendments were not shut out, but a discount on costs was warranted due to their partial success and their own conduct. The hourly rate and hours claimed were reduced to guideline levels. Permission to appeal was refused as the issues raised were not fundamental to the prior judgment and did not give rise to issue estoppel.

Parties
Claimant: Fibula Air Travel SRL; Defendant: Just-Us Air SRL
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Commercial / Costs Ruling and Application for Permission to Appeal
Outcome
Claimant awarded 65% of assessed costs; permission to appeal refused.
Legal Topics
Costs Assessment, Issue Estoppel, Amendment of Pleadings, Permission to Appeal
Civil Procedure Commercial Law Costs Assessment Issue Estoppel Amendment of Pleadings Permission to Appeal

Case Brief

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Parties

Fibula Air Travel SRL

Claimant

Just-Us Air SRL

Defendant

Procedural Posture

Commercial / Costs Ruling and Application for Permission to Appeal

Legal Issues

  1. 1 Who is the successful party for costs purposes?
  2. 2 What proportion of costs should be awarded?
  3. 3 Whether the hourly rate and hours claimed are reasonable?

Ratio Decidendi

Fibula was the overall successful party as their amendments were not shut out, but a discount on costs was warranted due to their partial success and their own conduct. The hourly rate and hours claimed were reduced to guideline levels. Permission to appeal was refused as the issues raised were not fundamental to the prior judgment and did not give rise to issue estoppel.

Court Disposition

Claimant awarded 65% of assessed costs; permission to appeal refused.

Orders

  • Claimant to recover £37,375 as 65% of assessed costs.
  • Permission to appeal refused.