Lakatamia Shipping Co Ltd v Su [2014] EWHC 796 (Comm) (20 March 2014)

Lakatamia Shipping Co Ltd v Su [2014] EWHC 796 (Comm) (20 March 2014)

The defendant should pay the costs of making the application and the witness statements, but the claimant should pay the bulk of the costs of the contested hearing because its opposition was unreasonable given the triviality of the breach and clear guidance in Mitchell.

Citation
[2014] EWHC 796 (Comm)
Parties
Claimant: Lakatamia Shipping Co Ltd; Defendant: Nobu Su
Jurisdiction
England and Wales
Judgment Date
20 March 2014
Procedural Posture
Application for Relief From Sanctions / Costs Judgment Following Application Hearing
Outcome
Costs apportioned: defendant to pay costs of application and witness statements; claimant to pay bulk of hearing costs.
Legal Topics
Relief From Sanctions, Costs Orders, Civil Procedure Rules, Litigation Conduct
Civil Procedure Relief From Sanctions Costs Orders Civil Procedure Rules Litigation Conduct

Case Brief

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Parties

Lakatamia Shipping Co Ltd

Claimant

Nobu Su

Defendant

Procedural Posture

Application for Relief From Sanctions / Costs Judgment Following Application Hearing

Legal Issues

  1. 1 Who should bear the costs of an application for relief from sanctions after a trivial breach and contested hearing

Ratio Decidendi

The defendant should pay the costs of making the application and the witness statements, but the claimant should pay the bulk of the costs of the contested hearing because its opposition was unreasonable given the triviality of the breach and clear guidance in Mitchell.

Court Disposition

Costs apportioned: defendant to pay costs of application and witness statements; claimant to pay bulk of hearing costs.

Orders

  • Defendant to pay costs of making the application and witness statements, including those of Mr Gardener.
  • Claimant to pay the bulk of the costs of the hearing.