0370 270 6000

Stoczina Gdanska v Lapley Shipping Company

29 May 2001
The issues

Split Order For Costs When A Party Only Partly Successful

The decision

A Judge is entitled to take into account when making a costs order at the end of an action whether a party succeeded on part of his case even if he was not wholly successful. In this case the Claimant had failed on or abandoning two of the three parts of its claim. Rule 44.3(2) stated that unsuccessful party should pay the costs of a successful party. Rule 44.3 (4) (b) said that the Court had a discretion when a party succeeded on part of its case even if he was not wholly successful. Accordingly, the Claimant would be entitled only to 38% of his overall costs.

Focus on...

Legal updates

Court of Appeal confirms exclusive English jurisdiction clause in excess liability policies in Canadian pipeline dispute

On 10 June 2022 the Court of Appeal upheld an anti-suit injunction granted in favour of insurers by Mr Justice Jacobs in September 2021 restraining proceedings from being brought in Canada and enforcing the exclusive English jurisdiction clause in excess liability policies.

View

Blogs

Payment Fraud landscape shaped by technology in 2021

Payment systems across Europe are under increased pressure to mitigate fraud risks and defend against persistent attacks from enablers using ever more sophisticated and malicious viruses and malware.

View

Legal updates

Gosden and another v Halliwell Landau and another [2021] EWHC 159 (Comm)

This claim addressed the question, of when the date for assessment of damages in cases of negligence should be determined and shows that when appropriate the Courts will depart from the default position.

View

Legal updates

Assessing the scope of employers liability – Chell v Tarmac

These were the opening remarks of Mr Justice Martin Spencer when handing down his Judgment in the recent case of Andrew Chell v Tarmac Cement and Lime Limited [2020] EWHC 2613, the latest in a series of appeals dealing with the scope of vicarious liability.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up