CA-2025-001239 - [2025] EWCA Civ 1106

Pulling these various factors together, as we are unable to estimate the amount that Saipem and Samsung are likely to recover on a detailed assessment with any real confidence, we do not consider that we can make an order for a payment on account of anything like 60% of the £6.4 million that they claim. That said, and notwithstanding the manifest deficiencies in the information provided, we think that it is likely that Saipem and Samsung will recover materially more than the £500,000 offered by the Plan Companies.

In our judgment we consider that the appropriate sum to order as a payment on account, which reflects the substantial level of uncertainty we have identified, is £2 million.