Motto & Ors v Trafigura Ltd & Anor [2011] EWHC 90201 (Costs)

Posted on Tuesday, February 15th, 2011

Application to determine 22 key preliminary issues in the detailed assessment of the Claimants’ Bills of Costs in a group action involving approximately 30,000 Claimants injured by the fly tipping of toxic waste in the Ivory Coast. The claims settled for £30 million, i.e. approximately £1,000 per Claimant. The Claimants’ Bills totalled nearly £105 million including 100% success fees for Solicitors and Counsel and a £9 million insurance premium. Chief Master Hurst found, inter alia, that the Court cannot go behind the terms of a final Order when assessing costs; the costs of setting up Conditional Fee Agreements and ATE premium were recoverable inter partes, Hunt –v- R M Douglas (Roofing) Ltd distinguished; absent a specific Order to the contrary, the costs of amendments to pleadings were recoverable in principle.

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