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Caucedo Investments Inc & Anor v Saipem SA & Anor [2013] EWHC 3375 (TCC) - 04/11/13

Description

Dispute as to the costs associated with an order enforcing an arbitration award served out of jurisdiction.

Held: The overriding objective to act in a cost-efficient and proportionate way applies not only to the court but also to the parties. The question is whether it was reasonable and proportionate to seek permission to serve out of jurisdiction and then, having obtained such permission, to take reasonable steps to do so.

In the present case, it was not unreasonable for the claimants to serve out of jurisdiction and the defendants were given numerous opportunities to avoid the associated costs. Costs claimed reduced on summary assessment on the basis that some elements were disproportionate.

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