Darnitsa v Metabay Import/export Ltd [2021] EWHC 1471 (Comm) (28 May 2021)

Darnitsa v Metabay Import/export Ltd [2021] EWHC 1471 (Comm) (28 May 2021)

Costs limited to appearance on the ex parte hearing reserved; balance of costs including inter partes hearing assessed and paid by Defendant. Indemnity costs ordered from 14 May due to Defendant's unreasonable conduct in ignoring a reasonable offer.

Citation
[2021] EWHC 1471 (Comm)
Parties
Claimant: Private Joint Stock Company Pharmaceutical Firm "Darnitsa"; Defendant: Metabay Import/Export Limited
Jurisdiction
England and Wales
Judgment Date
28 May 2021
Procedural Posture
Freezing Injunction Application / Consequentials Hearing Post Judgment
Outcome
Claimant succeeded on all issues; Defendant ordered to pay costs.
Legal Topics
Freezing Injunctions, Costs Orders, Agency, Indemnity Costs
Civil Procedure Commercial Law Freezing Injunctions Costs Orders Agency Indemnity Costs

Case Brief

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Parties

Private Joint Stock Company Pharmaceutical Firm "Darnitsa"

Claimant

Metabay Import/Export Limited

Defendant

Procedural Posture

Freezing Injunction Application / Consequentials Hearing Post Judgment

Legal Issues

  1. 1 Whether costs should be reserved or assessed and paid
  2. 2 Whether indemnity costs should be ordered
  3. 3 Whether third parties (Mother and Father) should be named in the order as agents

Ratio Decidendi

Costs limited to appearance on the ex parte hearing reserved; balance of costs including inter partes hearing assessed and paid by Defendant. Indemnity costs ordered from 14 May due to Defendant's unreasonable conduct in ignoring a reasonable offer.

Court Disposition

Claimant succeeded on all issues; Defendant ordered to pay costs.

Orders

  • Costs limited to ex parte hearing reserved.
  • Balance of costs including inter partes hearing assessed and paid by Defendant.