UK case law
Mahan Air & Anor v Blue Sky One Ltd & Ors
[2011] EWCA CIV 771 · Court of Appeal (Civil Division) · 2011
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Full judgment
Lord Justice Stanley Burnton :
1. We have considered the written submissions of the parties on the issues of costs arising from our judgment of 11 May 2011. We adopt the definitions in paragraph 1 of our judgment.
2. The Mahan Parties will bear their own costs of their renewed application for permission to appeal against the judge’s finding as to the location of Aircraft 2. We make no order as to the costs incurred by the other parties in relation to this ex parte application and it was so determined, as directed by Longmore LJ as set out in the letter of the CAO of 15 September 2010.
3. The Mahan Parties accept that they must pay the costs of PK in relation to their unsuccessful application for permission to adduce new evidence in relation to the Aircraft 2, and we so order.
4. The Mahan Parties must pay the costs of PK and the Balli Parties of the applications of PK and the Balli Parties for security for costs and for the imposition of a condition on the Mahan Parties’ appeals and of the Mahan Parties’ application for a stay of execution. These costs follow the event.
5. The costs of the renewed applications for permission to appeal that were granted (i.e., PK’s application for permission to appeal on lex registrii, the Mahan Parties’ application for permission to appeal against the quantum of deductions from the counterclaim of US$67 million and the Balli Parties’ applications for permission to appeal in A3/2010/0964 and 0075(A)) will, as is normal, be costs in the respective appeals.
6. All of the costs we have ordered to be paid will be determined by detailed assessment on the standard basis, if not agreed. The assessment of costs is too complex for summary assessment.
7. The Mahan Parties must pay to PK by way of interim payment on account of the costs for which they are liable the sum of £45,000, to be paid within 28 days of the date of our order.
8. The Mahan Parties must pay to the Balli Parties by way of interim payment on account of the costs for which they are liable the sum of £25,000, to be paid within 28 days of the date of our order.