Riva Bella S.A. v Tamsen Yachts GmbH

Riva Bella S.A. v Tamsen Yachts GmbH

The court found that the inclusion of the incorrect counterclaim figure in the order was an accidental slip perpetuated from counsel's submissions, not reflecting the court's intention to award only sums actually owed. The slip rule under CPR 40.12 applies, and the order should be corrected to reflect the accurate...

Source-derived case information.

Parties
Claimant: Riva Bella S. A.; Defendant: Tamsen Yachts GmbH
Jurisdiction
England and Wales
Judgment Date
12 September 2011
Procedural Posture
Commercial / Post Trial Correction Application
Outcome
application granted
Legal Topics
Correction of Orders, Accidental Slip Rule, Judgment Enforcement, Set Off, Contempt of Court
Civil Procedure Commercial Law Correction of Orders Accidental Slip Rule Judgment Enforcement Set Off Contempt of Court

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Parties

Riva Bella S. A.

Claimant

Tamsen Yachts GmbH

Defendant

Procedural Posture

Commercial / Post Trial Correction Application

Legal Issues

  1. 1 Whether the court's order contained an accidental slip or omission correctable under CPR 40.12
  2. 2 Whether the claimant's failure to pay amounts due under the order bars the correction application
  3. 3 Whether the slip rule applies to errors agreed and signed by counsel

Ratio Decidendi

The court found that the inclusion of the incorrect counterclaim figure in the order was an accidental slip perpetuated from counsel's submissions, not reflecting the court's intention to award only sums actually owed. The slip rule under CPR 40.12 applies, and the order should be corrected to reflect the accurate figures, regardless of the claimant's contempt or the order's prior agreement by counsel.

Court Disposition

application granted

Orders

  • Order corrected to reflect the defendant’s counterclaim as €230,888.51 and judgment sum as €175,988.51.
  • Calculation of interest in the order to be corrected accordingly.