Specialists International
This Knowledge Check examines the consequentials judgment following the Stage 1 trial in the Município de Mariana proceedings. The claimants had obtained findings on strict and fault-based liability, prescription and municipal standing, while the defendants had succeeded on several alternative issues.
The court decided whether to make an immediate Stage 1 costs order, whether the claimants' recovery should be reduced, the amount payable on account, pre-judgment interest and the timing of detailed assessment. The claimants presented total costs of about GBP 189 million and sought GBP 113.5 million on account.
The defendants were ordered to pay 90 per cent of the Stage 1 trial costs, with GBP 43 million on account. Payment was stayed pending the permission or appeal process. The court awarded pre-judgment interest, deferred detailed assessment and refused the defendants permission to appeal.
- The findings made in the Stage 1 judgment
- The scope and timing of the Stage 1 costs order
- The costs consequences of success and failure on different issues
- The 10 per cent reduction in recoverable costs
- The standard-basis detailed assessment
- The evidence supporting the payment-on-account request
- The calculation of the GBP 43 million payment
- The stay pending the appeal process
- Pre-judgment interest and timing of detailed assessment
- The refusal of permission to appeal