QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
| NILOUFER BRAGANZA
|- and -
|BP SHIPPING LTD
BP MARITIME SERVICES (SINGAPORE) PTE LTD
GRAHAME ALDOUS QC (instructed by Hill Dickinson) for the Defendants
Hearing dates: 30 May 2012
Crown Copyright ©
Mr. Justice Teare:
(i) The Defendants to pay the Claimant's costs of the claim in contract until 25 March 2011.
(ii) The Claimant to pay the costs of the claim in tort before 25 March 2011 and the Defendants' costs of both claims from 25 March 2011.
"It really is quite pointless to offer our client less than she will clearly recover in the contract compensation clam, so the offer is rejected out of hand. The offer equates to some 14% of the overall claims for both aspects of the case which is of no interest whatsoever.
Equally, the confidentiality clause is completely unacceptable – at the very least our client requires an acknowledgment in writing that there was no suicide. If this cannot be given our instructions are to pursue the case so there is a judgment in open Court declaring there was no suicide, that your clients were in breach of contract and grossly negligent in their ship operations."
i) The addition of the claim in tort which was dismissed increased the costs of the action. Instead of a three day trial there was an eight day trial.
ii) Although an offer was never made which equalled the amount awarded in respect of the claim in contract including interest BP had demonstrated a willingness to negotiate a settlement on the basis of the full amount of the principal sum claimed in contract.
iii) The Claimant did not demonstrate a willingness to negotiate on the basis of the full amount of the claim in contract.
The appropriate order
Payment on account