CL-2025-000046 - [2025] EWHC 1738 (Comm)

I have not heard the parties on costs. My provisional view is that the costs of the joinder issue should be costs in the Arbitration Claim because it was plainly a case management matter. The question whether there should be a determination of preliminary issues was also a case management matter but one on which the parties were plainly at odds and on which the Interveners have won. However, the formulation of the preliminary issues had to be amended shortly before the hearing, one issue was further amended during the hearing to make clear its scope and the Interveners had to accept that Issue 5 was not a proper preliminary issue. My provisional view therefore is that the costs of the question whether there should be preliminary issues should also be in the Arbitration Claim. If any party wishes to propose any other order they should do in writing.

I invite counsel to agree an order giving effect to my directions.