The Russian Aircraft Litigation – Operator Policy Claims, Re

The Russian Aircraft Litigation – Operator Policy Claims, Re

The appropriate order is costs in the case, as the amendments arose from innocent mistakes in complex litigation and no conduct by Shoosmith defendants justified an adverse costs order.

Parties
Claimant: Wordley Partnership / Shannon Engine Support Claimant; Defendant: Shoosmith defendants; Claimant: MLB Claimants; Claimant: HSF / AerCap Claimants; Claimant: Clifford Chance Claimants; Claimant: McGuireWoods / Genesis Claimants; Claimant: Fieldfisher / Deep Sky Claimants; Claimant: Reed Smith Claimants; Defendant: Kennedys Defendants; Defendant: DLA Piper Defendants; Defendant: CMS Defendants; Defendant: HFW WR Defendants; Defendant: Weightmans Defendants; Defendant: DWF Defendants; Defendant: DACB Defendants; Defendant: Dechert / Chubb Defendants; Defendant: Penningtons / Swiss Re Defendants; Defendant: RPC / Fidelis Defendants; Defendant: Air Law Firm Defendants; Defendant: BMII (CPB)
Jurisdiction
England and Wales
Judgment Date
18 December 2024
Procedural Posture
Commercial Litigation / First Case Management Conference; Costs Application Ruling
Outcome
Costs in the case; no adverse costs order against Shoosmith defendants.
Legal Topics
Costs Orders, Amendment of Claim Forms, Litigation Conduct
Civil Procedure Commercial Law Costs Orders Amendment of Claim Forms Litigation Conduct

Case Brief

Summary, issues, holding and outcome

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Parties

Wordley Partnership / Shannon Engine Support Claimant

Claimant

Shoosmith defendants

Defendant

MLB Claimants

Claimant

HSF / AerCap Claimants

Claimant

Clifford Chance Claimants

Claimant

McGuireWoods / Genesis Claimants

Claimant

Fieldfisher / Deep Sky Claimants

Claimant

Reed Smith Claimants

Claimant

Kennedys Defendants

Defendant

DLA Piper Defendants

Defendant

CMS Defendants

Defendant

HFW WR Defendants

Defendant

Weightmans Defendants

Defendant

DWF Defendants

Defendant

DACB Defendants

Defendant

Dechert / Chubb Defendants

Defendant

Penningtons / Swiss Re Defendants

Defendant

RPC / Fidelis Defendants

Defendant

Air Law Firm Defendants

Defendant

BMII (CPB)

Defendant

Procedural Posture

Commercial Litigation / First Case Management Conference; Costs Application Ruling

Legal Issues

  1. 1 Whether costs should be awarded against Shoosmith defendants for amendments to claim forms
  2. 2 Whether the detail of the witness statement was necessary for the costs application

Ratio Decidendi

The appropriate order is costs in the case, as the amendments arose from innocent mistakes in complex litigation and no conduct by Shoosmith defendants justified an adverse costs order.

Court Disposition

Costs in the case; no adverse costs order against Shoosmith defendants.

Orders

  • Costs to be in the case; no specific costs order against Shoosmith defendants.