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 to admit liability at the earliest opportunity. The defendant failed
