header-logo header-logo

11 November 2011 / Dominic Regan
Issue: 7489 / Categories: Opinion , Costs
printer mail-detail

Figure it out

Dominic Regan sails into the latest developments on costs in Trafigura

It was certain that Trafigura would end up in the Court of Appeal having regards to the level of costs claimed. We now have the comprehensive judgment of the court: Motto and others v Trafigura Ltd [2011] EWCA Civ 1150, [2011] All ER (D) 138 (Oct).

Large bill

With a gift for the understatement, the master of the rolls suggested that the defendant was “dismayed” to receive a bill for £104,707,772. The litigation arose out of an incident in August 2006, when the defendant discharged toxic materials from a ship in Africa. Ultimately, 29,614 claimants came forward. Despite allegations of dire injury and damage it transpired that the victims had sustained mild flu-like symptoms. A settlement package of £30m was eventually agreed.

Influence of early admission

There are many important lessons for all litigators in this case. The first and foremost is that it is wise for a defendant

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll