QUEEN' BENCH DIVISION
COMMERCIAL COURT
133-137 Fetter Lane London EC4A 1HD |
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B e f o r e :
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MUNIB MASRI | Claimant | |
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CONSOLIDATED CONTRACTORS INTERNATIONAL (UK) LTD & ANR | Defendant |
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PO Box 1336, Kingston-Upon-Thames, Surrey KT1 1QT
Tel No: 020 8974 7300 Fax No: 020 8974 7301
Email Address: tape@merrillcorp.com
MR TOM RAPHAEL and MR MARVIN (instructed by Messrs Olswang) appeared on behalf of the Defendant
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Crown Copyright ©
Tuesday, 17th June 2008
MR JUSTICE FIELD:
"Where the court has ordered a party to pay costs, it may order an amount to be paid on account before the costs are assessed."
Mr Raphael argues that the word "it" in that paragraph means the court that has ordered a party to pay costs. Accordingly, he contends that since I was not the judge who made the original costs order, I do not have jurisdiction to make further interim payment orders.
"5.1 "Win" for the purposes of this agreement" means
(A) that liability against any of the defendants in the case has been finally decided in Mr Masri's favour; or
(B) the case has been settled in Mr Masri's favour at a total figure greater than …"
The figure has been redacted.
"5.2 "Finally" means that the party against whom the decision has been made
(A) is refused permission to appeal and has no further right to request permission, or
(B) has not appealed or requested permission to appeal within the relevant time limits, or
(C) has lost the appeal and has no further right to appeal."