Falcon Trident Shipping Ltd v Levant Shipping Ltd [2021] EWHC 2204 (Comm) (04 August 2021)

Falcon Trident Shipping Ltd v Levant Shipping Ltd [2021] EWHC 2204 (Comm) (04 August 2021)

The Settlement Agreement was a binding contract that superseded the Part 36 Offer; the definition of 'claim' in the recitals and reference to the Scott Schedule meant that all items within the quantified claim (including the disputed costs) were settled by the principal sum, and only MFB's and counsel's fees remained recoverable as costs to be assessed.

Citation
[2021] EWHC 2204 (Comm)
Parties
Claimant: Falcon Trident Shipping Limited; Defendant: Levant Shipping Ltd
Jurisdiction
England and Wales
Judgment Date
04 August 2021
Procedural Posture
Part 8 Claim (costs Dispute) / Final Hearing and Judgment
Outcome
Claim dismissed in respect of the four disputed items; only MFB's and counsel's fees recoverable as costs, assessed at £14,885.
Legal Topics
Settlement Agreements, Costs Recovery, Part 36 Offers, Contractual Construction, Pre Action Costs
Commercial Law Shipping Law Civil Procedure Settlement Agreements Costs Recovery Part 36 Offers Contractual Construction Pre Action Costs

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Parties

Falcon Trident Shipping Limited

Claimant

Levant Shipping Ltd

Defendant

Procedural Posture

Part 8 Claim (costs Dispute) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the Settlement Agreement superseded the Part 36 Offer and determined the recoverability of certain costs items
  2. 2 Whether the disputed costs items (agency, foreign lawyers, P&I correspondent fees) are recoverable as costs or were settled within the principal sum
  3. 3 Proper construction of the Settlement Agreement and its interaction with the Scott Schedule and Part 36 Offer

Ratio Decidendi

The Settlement Agreement was a binding contract that superseded the Part 36 Offer; the definition of 'claim' in the recitals and reference to the Scott Schedule meant that all items within the quantified claim (including the disputed costs) were settled by the principal sum, and only MFB's and counsel's fees remained recoverable as costs to be assessed.

Court Disposition

Claim dismissed in respect of the four disputed items; only MFB's and counsel's fees recoverable as costs, assessed at £14,885.

Orders

  • Claim for four disputed items (agency, foreign lawyers, P&I correspondent fees) dismissed as settled by the principal sum under the Settlement Agreement.
  • Defendant to pay Claimant's recoverable legal costs (MFB and counsel's fees) assessed at £14,885.