KfW v Singal (Costs)

KfW v Singal (Costs)

The claimants are entitled to all their costs, both by virtue of being the successful party and under the contractual terms of the Guarantees, and there is no reason to depart from the presumption that the costs were reasonably incurred and reasonable in amount.

Parties
Claimant: KfW; Claimant: KfW IPEX-BANK GmbH; Defendant: Sanjay Singal
Jurisdiction
England and Wales
Judgment Date
18 August 2020
Procedural Posture
Commercial / Costs Judgment Following Summary Judgment
Outcome
Costs awarded to claimants, payable to the second claimant.
Legal Topics
Costs, Summary Judgment, Guarantee and Indemnity, Contractual Entitlement to Costs
Contract Law Commercial Law Civil Procedure Costs Summary Judgment Guarantee and Indemnity Contractual Entitlement to Costs

Case Brief

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Parties

KfW

Claimant

KfW IPEX-BANK GmbH

Claimant

Sanjay Singal

Defendant

Procedural Posture

Commercial / Costs Judgment Following Summary Judgment

Legal Issues

  1. 1 Whether the claimants are entitled to costs following summary judgment under contractual and procedural rules
  2. 2 Whether costs should be assessed on an indemnity basis

Ratio Decidendi

The claimants are entitled to all their costs, both by virtue of being the successful party and under the contractual terms of the Guarantees, and there is no reason to depart from the presumption that the costs were reasonably incurred and reasonable in amount.

Court Disposition

Costs awarded to claimants, payable to the second claimant.

Orders

  • Claimants awarded costs of the application (£200,691.33) and of the action (£166,983.97), payable to KfW IPEX-BANK GmbH