Easyair Ltd (t/a Openair) v Opal Telecom Ltd [2009] EWHC 779 (Ch) (08 April 2009)

Easyair Ltd (t/a Openair) v Opal Telecom Ltd [2009] EWHC 779 (Ch) (08 April 2009)

Opal was the successful party and should recover 90% of its costs on the standard basis, not indemnity basis, as the circumstances do not justify indemnity costs. Openair must pay costs thrown away by amendments. Interim payment ordered. Permission to appeal refused.

Citation
[2009] EWHC 779 (Ch)
Parties
Claimant: EASYAIR LIMITED (Trading As OPENAIR); Defendant: OPAL TELECOM LIMITED
Jurisdiction
England and Wales
Judgment Date
08 April 2009
Procedural Posture
Costs Judgment Following Summary Judgment and Strike Out Applications / Post Summary Judgment, Costs Determination
Outcome
Openair must pay 90% of Opal's costs on the standard basis. Openair must pay costs thrown away by amendments. Interim payment ordered. Permission to appeal refused. Case transferred for further directions.
Legal Topics
Costs Assessment, Summary Judgment, Indemnity Costs, Standard Costs, Case Management
Civil Procedure Contract Law Costs Assessment Summary Judgment Indemnity Costs Standard Costs Case Management

Case Brief

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Parties

EASYAIR LIMITED (Trading As OPENAIR)

Claimant

OPAL TELECOM LIMITED

Defendant

Procedural Posture

Costs Judgment Following Summary Judgment and Strike Out Applications / Post Summary Judgment, Costs Determination

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 or standard basis

Ratio Decidendi

Opal was the successful party and should recover 90% of its costs on the standard basis, not indemnity basis, as the circumstances do not justify indemnity costs. Openair must pay costs thrown away by amendments. Interim payment ordered. Permission to appeal refused.

Court Disposition

Openair must pay 90% of Opal's costs on the standard basis. Openair must pay costs thrown away by amendments. Interim payment ordered. Permission to appeal refused. Case transferred for further directions.

Orders

  • Openair to pay 90% of Opal's costs on the standard basis if not agreed.
  • Openair to pay costs thrown away by amendments to the Particulars of Claim on the standard basis.