Flavio de Carvalho Pinto Viegas & Ors v José Luis Cutrale & Ors

Flavio de Carvalho Pinto Viegas & Ors v José Luis Cutrale & Ors

Defendants were successful in the application and are entitled to 40% of their costs due to the nature and extent of the opposition; an interim payment on account is appropriate but should be set at £225,000 due to the high sums claimed and the likelihood of reduction on detailed assessment.

Parties
Claimant: Mr Flavio de Carvalho Pinto Viegas & Ors; Defendant: Mr José Luis Cutrale & Ors
Jurisdiction
England and Wales
Judgment Date
11 May 2024
Procedural Posture
Commercial Court Application / Costs Determination After Preliminary Issue Application
Outcome
Claimants ordered to pay 40% of defendants' costs of and occasioned by the preliminary issue application; interim payment on account set at £225,000.
Legal Topics
Costs of Interlocutory Applications, Preliminary Issues, Interim Payments
Civil Procedure Costs Costs of Interlocutory Applications Preliminary Issues Interim Payments

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 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mr Flavio de Carvalho Pinto Viegas & Ors

Claimant

Mr José Luis Cutrale & Ors

Defendant

Procedural Posture

Commercial Court Application / Costs Determination After Preliminary Issue Application

Legal Issues

  1. 1 Who should bear the costs of the preliminary issue application
  2. 2 What proportion of costs is reasonable to award
  3. 3 What is an appropriate interim payment on account

Ratio Decidendi

Defendants were successful in the application and are entitled to 40% of their costs due to the nature and extent of the opposition; an interim payment on account is appropriate but should be set at £225,000 due to the high sums claimed and the likelihood of reduction on detailed assessment.

Court Disposition

Claimants ordered to pay 40% of defendants' costs of and occasioned by the preliminary issue application; interim payment on account set at £225,000.

Orders

  • Claimants to pay 40% of defendants' costs of and occasioned by the preliminary issue application.
  • Claimants to make an interim payment on account of costs in the sum of £225,000.