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Costs are to be paid by Palmali on the standard basis up to 28 days after the Swiss law issues were first pleaded, and thereafter on the indemnity basis, due to the cumulative effect of the claimant's conduct and knowledge of the relevant facts and law.
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Palmali Shipping SA v Litasco SA (No. 1) [2025] EWHC 1604 (Comm) (23 May 2025)
Post-trial costs judgment in a Commercial Court claim, ordering standard-basis costs until 28 days after Swiss law defences were pleaded, then indemnity costs.
The circumstances of the appeal did not take it out of the norm to justify indemnity costs; costs are to be assessed on the standard basis, and the claimed costs were excessive and not reasonable or proportionate. Costs are summarily assessed at £75,000.
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South Bank Hotel Management Company Ltd v Galliard Hotels Ltd & Ors [2024] EWHC 3544 (Ch) (12 November 2024)
Consequential judgment on costs, Part 36 consequences, and stay applications after trial. The court refused a broad declaration, set costs orders, and refused permission to appeal.
FXS v The Mulberry Bush Organisation Ltd (Re Damages and Costs) [2024] EWHC 2844 (KB) (08 November 2024)
The High Court assessed damages and costs after finding three batteries and 14 false imprisonments at a residential school, awarding £18,900 plus standard-basis costs.
The claimant is the successful party and entitled to its costs on the standard basis; the defendant's conduct was not so unreasonable as to justify indemnity costs. The final injunction should require delivery up of emails, with the defendant to explain in affidavit if unable to comply.
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The Defendant, as the successful party, is entitled to its costs on a standard basis without any proportionate deduction, as the Claimants' partial success on breach did not materially affect the substance or cost of the litigation. The Claimants' conduct in pursuing the claim, including the lost profits element and refusal of settlement offers, was not unreasonable or out of the norm to justify indemnity costs. Costs for specific applications were determined according to the circumstances of each application. Permission to appeal was refused as none of the grounds were reasonably arguable.
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Hope Capital Ltd & Anor v Alexander Reece Thomson LLP (Re Consequential Matters) (Rev1) [2023] EWHC 3157 (KB) (08 December 2023)
Post-trial costs judgment in a professional negligence claim. The court ordered standard-basis costs for the successful defendant, no deduction for partial success, and refused permission to appeal.
Ineos Upstream Ltd & Ors v Boyd & Anor (Re Consequential Matters) [2023] EWHC 1756 (Ch) (14 July 2023)
Master Kaye resolved outstanding costs issues after the main judgment, setting a mixed costs basis, interim payments, and interest directions.
Costs and interest judgment after trial: the court ordered standard-basis costs, rejected indemnity costs, set a £535,000 payment on account, and awarded 2% interest.
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