Allianz Global Corporate & Specialty SE & Ors v Lotus Holdings LLC

Allianz Global Corporate & Specialty SE & Ors v Lotus Holdings LLC

The appropriate interim payment is £175,000, interest on costs is set at 2% over base rate, Judgment Act interest runs from three months after the costs order, and permission to appeal is refused as there is no real prospect of success on any of the three defences.

Parties
Claimant: European Film Bonds A/S; Claimant: Allianz Global Corporate & Specialty SE; Claimant: ERGO Versicherung AG; Claimant: Kravag-Logistic Versicherungs-AG; Claimant: Basler Sachversicherungs AG; Claimant: AXA Versicherung AG; Claimant: Bayerischer Versicherungsverband Versicherungaktiengesellschaft; Claimant: SV Sparkassen-Versicherung Gebäudeversicherung AG; Defendant: Lotus Holdings LLC; Defendant: Lotus Media LLC; Defendant: Larkhark Films Limited; Defendant: Lip Sync Productions LLP
Jurisdiction
England and Wales
Judgment Date
22 May 2020
Procedural Posture
Civil / Post Judgment Applications
Outcome
Interim payment of £175,000 ordered; interest at 2% over base rate; Judgment Act interest postponed for three months; permission to appeal refused; extension of time to renew application for permission to appeal until 4pm on 5 June 2020.
Legal Topics
Interim Payment of Costs, Interest on Costs, Permission to Appeal
Civil Procedure Costs Interim Payment of Costs Interest on Costs Permission to Appeal

Case Brief

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Parties

European Film Bonds A/S

Claimant

Allianz Global Corporate & Specialty SE

Claimant

ERGO Versicherung AG

Claimant

Kravag-Logistic Versicherungs-AG

Claimant

Basler Sachversicherungs AG

Claimant

AXA Versicherung AG

Claimant

Bayerischer Versicherungsverband Versicherungaktiengesellschaft

Claimant

SV Sparkassen-Versicherung Gebäudeversicherung AG

Claimant

Lotus Holdings LLC

Defendant

Lotus Media LLC

Defendant

Larkhark Films Limited

Defendant

Lip Sync Productions LLP

Defendant

Procedural Posture

Civil / Post Judgment Applications

Legal Issues

  1. 1 Appropriate amount for interim payment of costs
  2. 2 Applicable rate and period for interest on costs
  3. 3 Permission to appeal on three rejected defences

Ratio Decidendi

The appropriate interim payment is £175,000, interest on costs is set at 2% over base rate, Judgment Act interest runs from three months after the costs order, and permission to appeal is refused as there is no real prospect of success on any of the three defences.

Court Disposition

Interim payment of £175,000 ordered; interest at 2% over base rate; Judgment Act interest postponed for three months; permission to appeal refused; extension of time to renew application for permission to appeal until 4pm on 5 June 2020.

Orders

  • First to Third Defendants to pay Claimants £175,000 by 5 June 2020 as interim payment of costs.
  • Interest on costs at 2% over base rate until three months after this order; thereafter at Judgment Act rate.