Easyair Ltd (t/a Openair) v Opal Telecom Ltd

Easyair Ltd (t/a Openair) v Opal Telecom Ltd

Opal was the successful party and should recover 90% of its costs on the standard basis, not indemnity, as the circumstances did not justify indemnity costs.

Parties
Claimant: EASYAIR LIMITED (Trading As OPENAIR); Defendant: OPAL TELECOM LIMITED
Jurisdiction
England and Wales
Judgment Date
08 April 2009
Procedural Posture
Civil / Costs Ruling After Summary Judgment and Strike Out
Outcome
Openair must pay 90% of Opal’s costs on the standard basis; permission to appeal refused; case transferred to Manchester District Registry.
Legal Topics
Costs, Summary Judgment, Breach of Contract, Breach of Fiduciary Duty
Contract Law Civil Procedure Costs Summary Judgment Breach of Contract Breach of Fiduciary Duty

Case Brief

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Parties

EASYAIR LIMITED (Trading As OPENAIR)

Claimant

OPAL TELECOM LIMITED

Defendant

Procedural Posture

Civil / Costs Ruling After Summary Judgment and Strike Out

Legal Issues

  1. 1 Whether Opal should be deprived of costs for issues it lost
  2. 2 Whether Opal should pay Openair’s costs for those issues
  3. 3 Whether costs should be assessed on the indemnity basis

Ratio Decidendi

Opal was the successful party and should recover 90% of its costs on the standard basis, not indemnity, as the circumstances did not justify indemnity costs.

Court Disposition

Openair must pay 90% of Opal’s costs on the standard basis; permission to appeal refused; case transferred to Manchester District Registry.

Orders

  • Openair to pay 90% of Opal’s costs on the standard basis if not agreed.
  • Interim payment of £50,000 to Opal within 21 days.