LMS International Ltd & Ors v Styrene Packaging and Insulation Ltd & Ors

LMS International Ltd & Ors v Styrene Packaging and Insulation Ltd & Ors

The Defendants’ conduct was not unreasonable to a high degree and did not justify indemnity costs; costs will be assessed on the standard basis.

Parties
Claimant: LMS International Limited; Claimant: Wallaby Investments Limited; Claimant: Contract Experts Limited; Defendant: Styrene Packaging and Insulation Limited; Defendant: Paul Edge; Defendant: Michael Edge; Defendant: Maria Edge; Defendant: Robert Cooper
Jurisdiction
England and Wales
Judgment Date
30 September 2005
Procedural Posture
Civil / Post Liability Judgment; Application for Indemnity Costs
Outcome
Application for indemnity costs refused; costs to be assessed on the standard basis if not agreed.
Legal Topics
Costs, Indemnity Costs, Standard Costs, Litigation Conduct

Case Brief

Summary, issues, holding and outcome

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Parties

LMS International Limited

Claimant

Wallaby Investments Limited

Claimant

Contract Experts Limited

Claimant

Styrene Packaging and Insulation Limited

Defendant

Paul Edge

Defendant

Michael Edge

Defendant

Maria Edge

Defendant

Robert Cooper

Defendant

Procedural Posture

Civil / Post Liability Judgment; Application for Indemnity Costs

  1. 1 Whether the Claimants are entitled to indemnity costs against the First Defendants

Ratio Decidendi

The Defendants’ conduct was not unreasonable to a high degree and did not justify indemnity costs; costs will be assessed on the standard basis.

Court Disposition

Application for indemnity costs refused; costs to be assessed on the standard basis if not agreed.

Orders

  • First Defendants to pay Claimants’ costs of the liability issues, assessed on the standard basis if not agreed.