The Court of Appeal today handed down judgment in the appeal in relation to the award of pre-judgment interest on costs in the Município De Mariana v BHP Group (UK) Ltd case.
This is the first appellate level case dealing with whether a court has jurisdiction to award pre judgment interest on costs in circumstances where the claimants’ case is funded by way of a conditional fee agreement with a success fee. The Court of Appeal held that the court did have such jurisdiction and upheld the first instance award of interest.
Roger Mallalieu KC acted in the Court of Appeal for the successful respondent claimants.
