The Court of Appeal has ordered the appellant to pay Promontoria Scariff DAC’s costs of an appeal that was dismissed, including all reserved costs. The costs are to be adjudicated if the parties cannot agree.
The ruling on costs was delivered by Mr Justice Charles Meenan on 28 February 2025, following the court’s judgment on the appeal on 21 February. The underlying appeal challenged a High Court order refusing Promontoria’s application to strike out the proceedings and refusing the appellant’s application for an interlocutory injunction.
The Court of Appeal dismissed the appeal and also dismissed Promontoria’s cross-appeal against the refusal to strike out the proceedings. In its judgment, the court had provisionally indicated that Promontoria was entitled to its costs of opposing the appeal because it had been “wholly successful”.
The appellant later wrote that they conceded costs on their refused motion, referring to the principle that costs follow the event. Promontoria also sought costs for a motion issued by the appellant on 27 November 2024. That motion sought, among other relief, an extension of the interim injunction granted by the High Court and permission to admit further evidence in the appeal. The parties dealt with the motion by consent, and the resulting order did not address costs. The Court of Appeal therefore declined to award Promontoria costs for that motion.
The final costs order grants Promontoria its costs of the appellant’s appeal, including reserved costs, subject to adjudication if not agreed. The court made no order as to costs associated with Promontoria’s cross-appeal.