CL-2024-000510 - [2025] EWHC 1704 (Comm)

Mr Justice Calver :

On Monday 16 June 2025 the Court circulated to the parties its draft judgment for handing down on Wednesday 18 June at 10.30am. At the request of the Claimants, the Court agreed to extend the time for hand-down to Thursday 19 June. At 10.30am on 19 June 2025 the Court accordingly handed down judgment in this action, dismissing the Claimants’ challenges under sections 67 and 68 of the Arbitration Act 1996: [2025] EWHC 1523 (Comm) (the “Judgment”). The parties were unable to agree a draft order in the light of the Judgment and accordingly on 25 June 2025 the Court directed that the parties should lodge short written submissions on consequential matters by 4pm on Friday 27 June.

The issues which arise for decision in relation to consequential matters are said to be as follows:

Permission to appeal.

Costs, and specifically:

Whether costs should be awarded on the indemnity basis.

Whether the Defendant should have its costs of the application to extend time for applying to set aside the Bright J. Order (referred to in the draft order as the “Set Aside EOT Application”).

Whether there should be a summary or detailed assessment.

If the former, the amount of costs; and if the latter, whether there should be a payment on account and if so in what amount.

Time for payment (14 or 21 days).

I shall briefly state my conclusions on each of these matters.