Optimares S.p.A. v Qatar Airways Group Q.C.S.C.

Optimares S.p.A. v Qatar Airways Group Q.C.S.C.

The claim was speculative, weak, and conducted without regard to proportionality or reasonableness, justifying indemnity costs and a reduced payment on account.

Parties
Claimant: Optimares S.p. A.; Defendant: Qatar Airways Group Q. C. S. C.
Jurisdiction
England and Wales
Judgment Date
07 October 2022
Procedural Posture
Commercial Claim / Ruling on Costs
Outcome
Costs awarded to the Defendant on the indemnity basis; payment on account ordered.
Legal Topics
Costs, Indemnity Costs, Speculative Claims, Unjust Enrichment
Civil Procedure Costs Indemnity Costs Speculative Claims Unjust Enrichment

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Parties

Optimares S.p. A.

Claimant

Qatar Airways Group Q. C. S. C.

Defendant

Procedural Posture

Commercial Claim / Ruling on Costs

Legal Issues

  1. 1 Basis for assessment of costs
  2. 2 Whether indemnity costs should be awarded
  3. 3 Appropriate payment on account of costs

Ratio Decidendi

The claim was speculative, weak, and conducted without regard to proportionality or reasonableness, justifying indemnity costs and a reduced payment on account.

Court Disposition

Costs awarded to the Defendant on the indemnity basis; payment on account ordered.

Orders

  • Claimant to pay Defendant's costs on the indemnity basis.
  • Claimant to pay £2m on account of costs.