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You are here: BAILII >> Databases >> England and Wales High Court (Commercial Court) Decisions >> Orexim Trading Ltd v Mahavir Port And Terminal Private Ltd (Costs) [2019] EWHC 2338 (Comm) (04 September 2019) URL: http://www.bailii.org/ew/cases/EWHC/Comm/2019/2338.html Cite as: [2019] Costs LR 1539, [2019] EWHC 2338 (Comm) |
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QUEEN'S BENCH DIVISION
COMMERCIAL COURT
Strand, London, WC2A 2LL |
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B e f o r e :
(Sitting as a Judge of the High Court)
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OREXIM TRADING LIMITED |
Claimant |
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- and - |
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MAHAVIR PORT AND TERMINAL PRIVATE LIMITED (formerly known as FOURCEE PORT AND TERMINAL PRIVATE LIMITED) |
Defendant |
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The Defendant did not appear and was not represented
Hearing dates: 28 June 2019
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Crown Copyright ©
Christopher Hancock QC :
Introduction
Interest
Costs
"25. I reject Mr Mansfield's submission on the materiality of the costs budget figure. In my view, the first defendant's approved costs budget is the appropriate starting point for the calculation of any interim payment on account of costs. CPR 3.18 makes plain that, where there is an approved or agreed costs budget, when costs are assessed on a standard basis at the end of the case, "the court will…not depart from such approved or agreed budget unless satisfied that there is good reason to do so." The significance of this rule cannot be understated. It means that, when costs are assessed, the costs judge will start with the figure in the approved costs budget. If there is no good reason to depart from that figure, he or she is likely to conclude the assessment at the same figure: see Silvia Henry v News Group Newspapers Ltd [2013] EWCA Civ 19…
28. Accordingly I take, as my starting point for the calculation of the interim payment, the approved costs budget figure of £570,000. I make a reduction of 10% (£57,000) which I regard as the maximum deduction that is appropriate in a case where there is an approved costs budget. I add back £15,000 to reflect the interest on costs which I have awarded. That produces a figure of £528,000."
Costs of the application