NAVIG8 CHEMICALS POOL INC V AETURNUM ENERGY INTERNATIONAL PTE LTD

[2021] EWHC 3435 (Comm), Queen’s Bench Division, Commercial Court, Christopher Hancock QC sitting as a High Court Judge, 20 December 2021

Costs – Indemnity costs – Defendant disengaging with proceedings – Calculation of interest on damages – Senior Courts Act 1981, section 35A

Following proceedings, the successful claimant sought costs on the indemnity basis on the grounds that the defendant had abruptly disengaged with proceedings following the case management conference and had wilfully and continuously refused to comply with an interim injunction ordering substitute security, but without contesting jurisdiction. The claimant’s increased costs included service by hand in Singapore and service of additional documents. The claimant also sought interest on the awarded damages.