Darnitsa v Metabay Import/export Ltd

Darnitsa v Metabay Import/export Ltd

Costs should be assessed and paid by the unsuccessful Defendant except for costs attributable to the ex parte hearing, which should be reserved. Indemnity costs are justified due to Defendant's unreasonable conduct in ignoring a sensible settlement offer.

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
Commercial / Consequentials Hearing
Outcome
Claimant succeeded on all issues; permission to appeal refused.
Legal Topics
Freezing Injunction, Costs, Agency, Beneficial Ownership
Civil Procedure Commercial Law Freezing Injunction Costs Agency Beneficial Ownership

Case Brief

Summary, issues, holding and outcome

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Parties

Private Joint Stock Company Pharmaceutical Firm 'Darnitsa'

Claimant

Metabay Import/Export Limited

Defendant

Procedural Posture

Commercial / Consequentials Hearing

Legal Issues

  1. 1 whether costs should be reserved or assessed
  2. 2 whether indemnity costs are appropriate
  3. 3 identification of agents and beneficial owners in the order

Ratio Decidendi

Costs should be assessed and paid by the unsuccessful Defendant except for costs attributable to the ex parte hearing, which should be reserved. Indemnity costs are justified due to Defendant's unreasonable conduct in ignoring a sensible settlement offer.

Court Disposition

Claimant succeeded on all issues; permission to appeal refused.

Orders

  • 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 14th May.