Bulk Trading SA v Moeller [2006] EWCA Civ 1294 (14 September 2006)

Bulk Trading SA v Moeller [2006] EWCA Civ 1294 (14 September 2006)

The judge was entitled to exercise his discretion to make no order as to costs, given that the claimants' own conduct contributed significantly to the situation, and was also entitled to correct and supplement his reasons in the transcript of his oral judgment.

Citation
[2006] EWCA Civ 1294
Parties
Claimant: Bulk Trading S. A.; Respondent: Moeller
Jurisdiction
England and Wales
Judgment Date
14 September 2006
Procedural Posture
Appeal / Application for Permission to Appeal (costs Order)
Outcome
Application for permission to appeal dismissed
Legal Topics
Costs, Setting Aside Arbitration Award, Notice Requirements, Judicial Discretion
Civil Procedure Arbitration Costs Setting Aside Arbitration Award Notice Requirements Judicial Discretion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Bulk Trading S. A.

Claimant

Moeller

Respondent

Procedural Posture

Appeal / Application for Permission to Appeal (costs Order)

Legal Issues

  1. 1 Whether the judge erred in making no order as to costs after setting aside an arbitration award for lack of notice
  2. 2 Whether the judge was entitled to correct and add to his reasons in the transcript of his oral judgment

Ratio Decidendi

The judge was entitled to exercise his discretion to make no order as to costs, given that the claimants' own conduct contributed significantly to the situation, and was also entitled to correct and supplement his reasons in the transcript of his oral judgment.

Court Disposition

Application for permission to appeal dismissed