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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Standard Chartered Bank v Pakistan National Shipping Corporation & Ors [2001] EWCA Civ 225 (19 February 2001)
URL: http://www.bailii.org/ew/cases/EWCA/Civ/2001/225.html
Cite as: [2001] EWCA Civ 225
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COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION,
COMMERCIAL COURT
(Mr Justice Toulson)
Strand London WC2 |
||
B e f o r e :
LORD JUSTICE POTTER and
MR JUSTICE WALL
____________________
| STANDARD CHARTERED BANK | Claimant | |
| -v- | ||
| (1) PAKISTAN NATIONAL SHIPPING CORPORATION | ||
| (2) SEAWAYS MARITIME LIMITED | ||
| (4) OAKPRIME INTERNATIONAL LIMITED | ||
| (5) ARVIND MEHR | Defendants | |
| and | ||
| (3) SGS UNITED KINGDOM LIMITED | ||
| Part 20 Defendant | ||
| (Third Party) |
____________________
Smith Bernal Reporting Limited
190 Fleet Street London EC4A 2AG
Tel: 020 7421 4040 Fax: 020 7831 8838
(Official Shorthand Writers to the Court)
Mr T Young QC and Mr R King (instructed by Messrs Amhurst Brown Colombotti, London SW1) appeared on behalf of the First Defendant.
Mr L Akka (instructed by Messrs Ashok Patel & Co, Tooting North, London) appeared on behalf of the Fifth Defendant.
____________________
Crown Copyright ©
- LORD JUSTICE HENRY: I will ask Lord Justice Potter to give the judgment of the court.
- LORD JUSTICE POTTER: Having considered the arguments of counsel, we consider that the appropriate order in respect of the appeal is that the appeal be allowed in part, to the extent of $30,261.70 plus interest.
- So far as the order for the costs of the appeal are concerned, we consider that, as against PNSC, SCB should have one hundred per cent of their costs of the appeal.
- So far as the Part 36 offer is concerned, we decline to make any exceptional or additional order so far as either indemnity costs or the rate of interest is concerned.
- So far as Mr Mehra's appeal is concerned, we consider again that SCB should have its costs of the appeal as against Mr Mehra, such order not to be enforced without leave of the court, and that there should be an order for assessment of his costs under the appropriate provisions of the Legal Aid Scheme.
- The orders for the costs of the trial before Mr Justice Toulson are to be left as they stand.
- So far as the application for permission to appeal to the House of Lords is concerned, the application is refused. We consider that their Lordships themselves would wish to decide whether they want to review the principles of mitigation of damage in the context of this case, in which there are already before them one or more petitions on other aspects of earlier decisions.