Palmali Shipping SA v Litasco SA (Costs)

Palmali Shipping SA v Litasco SA (Costs)

Costs are to be paid by Palmali on the standard basis up to 28 days after the Swiss law issues were first pleaded, and thereafter on the indemnity basis, due to the cumulative effect of the claimant's conduct and knowledge of the relevant facts and law.

Parties
Claimant: Palmali Shipping SA; Defendant: Litasco SA
Jurisdiction
England and Wales
Judgment Date
18 August 2025
Procedural Posture
Commercial Claim / Costs Judgment After Trial
Outcome
Costs order in favour of the defendant, partly on standard basis and partly on indemnity basis.
Legal Topics
Costs Assessment, Indemnity Costs, Standard Basis Costs, Settlement Offers, Swiss Law Application

Case Brief

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Parties

Palmali Shipping SA

Claimant

Litasco SA

Defendant

Procedural Posture

Commercial Claim / Costs Judgment After Trial

  1. 1 Whether costs should be assessed on the indemnity basis or standard basis
  2. 2 Effect of knowingly false evidence on costs
  3. 3 Impact of settlement offers on costs assessment

Ratio Decidendi

Costs are to be paid by Palmali on the standard basis up to 28 days after the Swiss law issues were first pleaded, and thereafter on the indemnity basis, due to the cumulative effect of the claimant's conduct and knowledge of the relevant facts and law.

Court Disposition

Costs order in favour of the defendant, partly on standard basis and partly on indemnity basis.

Orders

  • Palmali to pay costs of and occasioned by the 2017 claim on the standard basis up to 28 days after Swiss law issues were first pleaded.
  • Palmali to pay costs on the indemnity basis thereafter.