Motto & Ors v Trafigura Ltd & Anor

Motto & Ors v Trafigura Ltd & Anor

The court held that the Claimants' base costs, excluding additional liabilities, have the appearance of being disproportionate, but entitlement to recover specific categories of costs (vetting, registration, distribution, security, witness and expert evidence, amendments, etc.) depends on whether they are reasonable and proportionate, and on the wording of the relevant CFAs and the settlement agreement. The settlement agreement and Tomlin Order do not exclude the recoverability of reasonable and proportionate costs for working out the order, including distribution, but not for defending claims by third parties (e.g., CNVDT). The appropriate single success fee is 58% for both solicitors...

Parties
Claimants: Yao Essaie Motto & Ors; Defendant: Trafigura Ltd; Defendant: Trafigura Beheer BV
Jurisdiction
England and Wales
Judgment Date
15 February 2011
Procedural Posture
Detailed Assessment of Costs (group Litigation) / Ruling on 22 Preliminary 'key Issues' in Detailed Assessment
Outcome
Preliminary rulings on 22 key issues in detailed assessment; most categories of costs are in principle recoverable if reasonable and proportionate, subject to detailed assessment; some categories (media liaison, defending CNVDT claims, recruitment/training, certain administrative corrections) are not recoverable;...
Legal Topics
Proportionality of Costs, Vetting Costs, Pre Action Protocol Compliance, Witness Evidence Costs, Medico Legal Reports, Expert Evidence, Abandoned Claims, Amendments to Pleadings, Extra Territorial Investigations, Media Related Costs, Settlement and Distribution Costs, Security and Safety Costs, Success Fee (cfa), ATE Insurance Premium, Funding Costs, Hourly Rates, Recruitment and Training, File Destruction, Data Entry, Circular Letters, Merged Hourly Rates
Civil Procedure Costs Law Group Litigation Proportionality of Costs Vetting Costs Pre Action Protocol Compliance Witness Evidence Costs Medico Legal Reports +16 more

Case Brief

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Parties

Yao Essaie Motto & Ors

Claimants

Trafigura Ltd

Defendant

Trafigura Beheer BV

Defendant

Procedural Posture

Detailed Assessment of Costs (group Litigation) / Ruling on 22 Preliminary 'key Issues' in Detailed Assessment

Legal Issues

  1. 1 Whether the Claimants' costs are disproportionate
  2. 2 Entitlement to recover vetting, registration, and distribution costs
  3. 3 Effect of non-compliance with pre-action protocol

Ratio Decidendi

The court held that the Claimants' base costs, excluding additional liabilities, have the appearance of being disproportionate, but entitlement to recover specific categories of costs (vetting, registration, distribution, security, witness and expert evidence, amendments, etc.) depends on whether they are reasonable and proportionate, and on the wording of the relevant CFAs and the settlement agreement. The settlement agreement and Tomlin Order do not exclude the recoverability of reasonable and proportionate costs for working out the order, including distribution, but not for defending claims by third parties (e.g., CNVDT). The appropriate single success fee is 58% for both solicitors...

Court Disposition

Preliminary rulings on 22 key issues in detailed assessment; most categories of costs are in principle recoverable if reasonable and proportionate, subject to detailed assessment; some categories (media liaison, defending CNVDT claims, recruitment/training, certain administrative corrections) are not recoverable;...

Orders

  • Claimants entitled to recover reasonable and proportionate costs for most categories, subject to detailed assessment.
  • Costs for media liaison, defending CNVDT claims, recruitment, training, and certain administrative corrections not recoverable.