Motto & Ors v Trafigura Ltd & Anor [2011] EWHC 90209 (Costs) (05 August 2011)

Motto & Ors v Trafigura Ltd & Anor [2011] EWHC 90209 (Costs) (05 August 2011)

The Defendants' letter of 2 December 2009 constitutes certification of their costs for the purposes of the ATE insurance policy. The premium must be calculated using the figure of £14.6 million as stated in that letter. The Defendants' subsequent attempts to reduce the figure do not override the certification already given, and the policy does not require or permit a notional assessment of recoverable costs in these circumstances.

Citation
[2011] EWHC 90209 (Costs)
Parties
Claimants: Yao Essaie Motto & Ors; Defendant: Trafigura Ltd; Defendant: Trafigura Beheer BV
Jurisdiction
England and Wales
Judgment Date
05 August 2011
Procedural Posture
Costs Determination in Group Litigation / Post Trial Costs Assessment
Outcome
Application dismissed. The ATE premium is to be calculated using the Defendants' certified costs of £14.6 million.
Legal Topics
After the Event (ate) Insurance, Costs Assessment, Certification of Costs, Interpretation of Insurance Contracts
Civil Procedure Insurance Law After the Event (ate) Insurance Costs Assessment Certification of Costs Interpretation of Insurance Contracts

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Parties

Yao Essaie Motto & Ors

Claimants

Trafigura Ltd

Defendant

Trafigura Beheer BV

Defendant

Procedural Posture

Costs Determination in Group Litigation / Post Trial Costs Assessment

Legal Issues

  1. 1 What is the appropriate figure for the Defendants' costs to be used in calculating the ATE insurance premium?
  2. 2 Does the Defendants' letter of 2 December 2009 constitute certification of costs under the policy?
  3. 3 Should the premium be calculated on the original figure or a reduced figure justified by further evidence?

Ratio Decidendi

The Defendants' letter of 2 December 2009 constitutes certification of their costs for the purposes of the ATE insurance policy. The premium must be calculated using the figure of £14.6 million as stated in that letter. The Defendants' subsequent attempts to reduce the figure do not override the certification already given, and the policy does not require or permit a notional assessment of recoverable costs in these circumstances.

Court Disposition

Application dismissed. The ATE premium is to be calculated using the Defendants' certified costs of £14.6 million.

Orders

  • The First Assist ATE insurance premium shall be calculated using the Defendants' costs figure of £14,634,160 as certified on 2 December 2009.