Partial Success

Stocznia Gdanska SA v Latvian Shipping Company and Others QBD TLR 25 May

In an action for misrepresentation, breach of warranty, conspiracy and inducement of breach of a shipping contract, the claimant was successful only on the inducement claim. The claimant also abandoned two of the three distinct parts of its claim in tort. CPR rule 44.3(4) provides ‘In deciding what order (if any) to make about costs, the court must have regard to all the circumstances, including: (a) the conduct of all the parties; (b) whether a party has succeeded on part of its case, even if he has not been wholly successful; and (c) any payment into court or admissible offer to settle made by a party which is drawn to the court’s attention (whether or not made in accordance with Part 36)’.