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part 36 costsasset controlinterest and costs
ABFA Commodities Trading Ltd v Petraco Oil Company
ABFA Commodities Trading Ltd v Petraco Oil Company SA (Re Consequential Matters) [2024] EWHC 706 (Comm)
Key Principle
On consequential matters following judgment, the normal Part 36 costs consequences apply to a claimant who fails to beat a defendant's Part 36 offer notwithstanding findings of misconduct in the conduct of the litigation; and where the court has determined that a sanctioned person has no legal or equitable interest in a secured sum held to the order of the court, that sum is not 'owned, held or controlled' by the designated person for sanctions purposes.
Area of Law
General
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