KfW v Singal (Costs) [2020] EWHC 2222 (Comm) (18 August 2020)

KfW v Singal (Costs) [2020] EWHC 2222 (Comm) (18 August 2020)

Claimants are entitled to all costs of the application and action, assessed on summary basis, reflecting their contractual entitlement under the Guarantees and Facility Agreements; no reason to depart from presumption of reasonableness under CPR 44.5.

Citation
[2020] EWHC 2222 (Comm)
Parties
Claimant: KfW; Claimant: KfW IPEX-BANK GmbH; Defendant: Sanjay Singal
Jurisdiction
England and Wales
Judgment Date
18 August 2020
Procedural Posture
Commercial Court Costs Judgment / Post Summary Judgment, Costs Determination
Outcome
costs awarded to claimants, payable to second claimant
Legal Topics
Costs, Contractual Entitlement, Summary Assessment, Indemnity Basis
Commercial Law Contract Law Civil Procedure Costs Contractual Entitlement Summary Assessment Indemnity Basis

Case Brief

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Parties

KfW

Claimant

KfW IPEX-BANK GmbH

Claimant

Sanjay Singal

Defendant

Procedural Posture

Commercial Court Costs Judgment / Post Summary Judgment, Costs Determination

Legal Issues

  1. 1 whether claimants are entitled to all costs under contractual guarantees
  2. 2 basis and quantum of costs assessment

Ratio Decidendi

Claimants are entitled to all costs of the application and action, assessed on summary basis, reflecting their contractual entitlement under the Guarantees and Facility Agreements; no reason to depart from presumption of reasonableness under CPR 44.5.

Court Disposition

costs awarded to claimants, payable to second claimant

Orders

  • Second Claimant (KfW IPEX-BANK GmbH) awarded £200,691.33 for application costs
  • Second Claimant awarded £166,983.97 for other action costs