After judgment in the Russian aviation megatrial was given in June, Mr. Justice Butcher has today given judgment on consequential matters.
Andrew Wales KC and Clara Benn succeeded in obtaining substantial costs orders for the All Risks insurers represented by Holman Fenwick Willan LLP. This followed the All Risks insurers’ victory in fully defeating the lessors’ claims against them.
AerCap, the only lessor to pursue (and lose) its primary claim against the All Risks insurers, was ordered to pay £2.8m on account of the HFW All Risks insurers’ costs. The unsuccessful War Risks insurers in AerCap were ordered to pay a further £5.2m on account of the HFW All Risks insurers’ costs. The HFW All Risks Insurers will be able to claim more from AerCap and War Risks insurers on detailed assessment.
AerCap’s application for the HFW All Risks insurers to pay more than 80% of AerCap’s costs was dismissed: the HFW All Risks insurers will pay nothing. In addition to AerCap being held liable for over 30% of the HFW All Risks insurers’ costs, AerCap can recover just 65% of its allowable costs from War Risks insurers.
The HFW All Risks insurers also obtained a substantial costs order against War Risks insurers in the Merx action, where the lessors had pursued their primary claim against War Risks.
Mr. Justice Butcher refused all applications for permission to appeal.
