Lakatamia Shipping Co Ltd v Su

Lakatamia Shipping Co Ltd v Su

The claimant's vigorous opposition at the hearing was unreasonable given the triviality of the breach and the clear guidance in Mitchell; therefore, the claimant should pay the bulk of the hearing costs, while the defendant pays the costs of making the application and witness statements.

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

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Parties

Lakatamia Shipping Co Ltd

Claimant

Nobu Su

Defendant

Procedural Posture

Commercial Application for Relief From Sanctions / Judgment on Costs Following Application for Relief From Sanctions

Legal Issues

  1. 1 Who should bear the costs of an application for relief from sanctions following a trivial breach?
  2. 2 Was the claimant's opposition to the application reasonable in the circumstances?

Ratio Decidendi

The claimant's vigorous opposition at the hearing was unreasonable given the triviality of the breach and the clear guidance in Mitchell; therefore, the claimant should pay the bulk of the hearing costs, while the defendant pays the costs of making the application and witness statements.

Court Disposition

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

Orders

  • Defendant to pay the costs of making the application for relief from sanctions.
  • Defendant to pay the costs of the witness statements, including those of Mr Gardener.