QUEEN'S BENCH DIVISION
COMMERCIAL COURT
Strand, London, WC2A 2LL |
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B e f o r e :
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Newland Shipping & Forwarding Ltd |
Claimant |
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- and - |
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Toba Trading FZC |
Defendant |
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Stephen Cogley QC & Peter Ferrer (instructed by Stephenson Harwood LLP) for the Defendant
Hearing dates: 25 – 27 February 2014
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Crown Copyright ©
Mr Justice Leggatt :
Introduction
Costs apart from the offer
Newland's offer
Did the offer comply with Part 36?
Do costs consequences under Part 36 apply?
"unless it considers it unjust to do so, order that the claimant is entitled to –
(a) interest on the whole or part of any sum of money (excluding interest) awarded at a rate not exceeding 10% above base rate for some or all of the period starting with the date on which the relevant period expired;
(b) costs on the indemnity basis from the date on which the relevant period expired;
(c) interest on those costs at a rate not exceeding 10% above base rate;
and
(d) an additional amount, which shall not exceed £75,000, calculated by applying the prescribed percentage set out below to an amount which is –
(i) where the claim is or includes a money claim, the sum awarded to the claimant by the court …"
Relevance of the offer
"(c) Any admissible offer to settle made by a party which is drawn to the court's attention, and which is not an offer to which costs consequences under Part 36 apply."
Conclusion on costs
i) Save for any costs incurred in the period between 29 May and 15 November 2013, Newland must pay 50% of Toba's costs of the action, to be assessed on the standard basis if not agreed.ii) In relation to the period from 29 May until 15 November 2013, Toba must pay Newland's costs of the action, to be assessed on the indemnity basis if not agreed.
Interest