Levicom International Holdings BV & Anor v Linklaters (a firm)

Levicom International Holdings BV & Anor v Linklaters (a firm)

There should be no departure from the general rule; Linklaters are the successful party and Levicom the unsuccessful party, and Linklaters' conduct was not unreasonable nor would limited admissions have affected the trial.

Parties
Claimant: Levicom International Holdings BV; Claimant: Levicom Investments Curacao NV; Defendant: Linklaters (a Firm)
Jurisdiction
England and Wales
Judgment Date
06 May 2009
Procedural Posture
Commercial / Costs Judgment
Outcome
Costs awarded to Linklaters as the successful party; no departure from the general rule.
Legal Topics
Costs, Negligence, Successful Party, General Rule, Departure From General Rule
Civil Procedure Costs Negligence Successful Party General Rule Departure From General Rule

Case Brief

Summary, issues, holding and outcome

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Parties

Levicom International Holdings BV

Claimant

Levicom Investments Curacao NV

Claimant

Linklaters (a Firm)

Defendant

Procedural Posture

Commercial / Costs Judgment

Legal Issues

  1. 1 Whether there should be a departure from the general rule that the unsuccessful party pays the costs of the successful party
  2. 2 Whether conduct or limited success on negligence warrants a discount in costs

Ratio Decidendi

There should be no departure from the general rule; Linklaters are the successful party and Levicom the unsuccessful party, and Linklaters' conduct was not unreasonable nor would limited admissions have affected the trial.

Court Disposition

Costs awarded to Linklaters as the successful party; no departure from the general rule.

Orders

  • Levicom to pay Linklaters' costs