Court of Appeal judgment in Trafigura
The Court of Appeal has decided multiple leapfrog costs appeals arising in the Motto v Trafigura Limited group litigation. The Claimants’ £105 million costs claim is believed to be the biggest in English legal history.
Charles Gibson QC led Malcolm Sheehan and a counsel team acting for the Defendants instructed by Macfarlanes. The Defendants succeeded on appeal in establishing important points concerning the proper application of the principles of proportionality and necessity in the assessment of costs and the recoverability of funding costs. The judgment is of wide importance for all costs claims.
Full details are set out in the Henderson Chambers article here.







