GKN WESTLAND HELICOPTERS LIMITED AND ANOTHER v. KOREAN AIR PRESS TECH CONTROLS LIMITED v. KOREAN AIR [2003] EWHC 1120 (Comm)

[2003] 2 Lloyd's Rep. 629

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr. Justice Morison

Practice - Costs - Carriage of goods by air - Warsaw Convention - Destruction of cargo - Limitation of liability - Carrier contended that claims should be limited under Convention and offered to pay compensation subject to limit - Claimants declined offers and brought proceedings for full value of cargo loss - Carrier made payments into Court based on limitation figures - Claimants accepted payments in Court - Whether claimants entitled to automatic costs under CPR Part 36 or whether precluded from recovering costs by art. 22(4) of Convention - Whether payment into Court an award of damages by the Court within meaning of art. 22(4)