Motto v Trafigura

This was a case where nearly 3000 claimants sued for damages following the dumping of toxic waste in Abidjan Ivory Coast and damages were in the order of £30million. The claimants solicitors bill amounted to £105million and at the detailed assessment a number of issues arose and the matter went to The Court of Appeal on a number of important preliminary issues and which included:

  • Proportionality
  • Vetting costs
  • Pre-Action Protocol
  • Medical reports
  • Abandoned claims
  • Settlement and distribution
  • Cost of funding
  • Success Fee
  • ATE Premium

The judgment is a must for any litigator or costs lawyer and can be found by clicking the following link:

The case subsequently settled and the Court of Appeal were deprived of the opportunity of deciding another important issue as to when interest on costs runs.

Fortunately the case of Simcoe v Jacuzzi UK Group is pending in the Court of Appeal and is expected to deal with this issue. Watch this space!!