3 Jun 2011
LAMMAS GLOBAL CORPORATION v. BARCLAYS BANK (SUISSE) S.A. AND OTHERS
- Citation
- LAMMAS GLOBAL CORPORATION v. BARCLAYS BANK (SUISSE) S.A. AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA2411/2009
The court refused to award costs on a common fund or enhanced basis because the conduct complained of amounted to ordinary hostile litigation rather than deliberate misconduct provoking indignation; the omission in the ex parte application was not a deliberate concealment but a misappreciation of relevance; partisan expert evidence was rejected but that did not warrant enhanced costs. Consequently the order that Lammas pay Barclays Suisse costs on a party-and-party basis was made absolute, the order nisi in favour of Barclays plc is to be held over for three months pending the Swiss court's j…