Dexia SA v Regione Emilia Romagna (Re Costs) [2024] EWHC 3238 (Comm) (13 December 2024)

Dexia is entitled to its costs from Emilia Romagna on the indemnity basis due to its contractual entitlement under the Master Agreement and as the successful party; costs are to be subject to detailed assessment if not agreed, with an interim payment on account of £475,809.73.

Citation: [2024] EWHC 3238 (Comm)
Parties: Claimant: DEXIA S. A.; Defendant: REGIONE EMILIA ROMAGNA
Jurisdiction: England and Wales
Judgment Date: 13 December 2024
Procedural Posture: Commercial Court Costs Judgment / Post Judgment, Costs Determination
Outcome: Costs awarded to Dexia on the indemnity basis, subject to detailed assessment if not agreed, with interim payment ordered.
Legal Topics: Costs, Indemnity Costs, Contractual Indemnity, Detailed Assessment, Interim Payment

Civil Procedure Commercial Law Costs Indemnity Costs Contractual Indemnity Detailed Assessment Interim Payment

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 5

Parties

DEXIA S. A.

Claimant

REGIONE EMILIA ROMAGNA

Defendant

Procedural Posture

Commercial Court Costs Judgment / Post Judgment, Costs Determination

Legal Issues

1 Whether Dexia is entitled to costs from Emilia Romagna
2 Whether costs should be assessed on the indemnity basis
3 Whether a detailed assessment or summary assessment is appropriate

Ratio Decidendi

Court Disposition

Costs awarded to Dexia on the indemnity basis, subject to detailed assessment if not agreed, with interim payment ordered.

Orders

Emilia Romagna to pay Dexia's costs of the proceedings on the indemnity basis.
Costs to be subject to detailed assessment if not agreed.