Fiesta Hotels and Resorts SL & Ors v Deutsche Bank AG & Anor

Where disclosure and timetable issues are closely interconnected, the court may adopt a holistic approach to costs rather than assess each application in isolation. A hearing which produces mixed success, resolves or narrows issues, resets the timetable and gives directions for future conduct may properly be made costs in the case. The court may also warn that unreasonable engagement in future disclosure or timetable applications is likely to attract a stringent costs order.

This was a costs ruling following a hearing concerning disclosure applications and an issue affecting the trial timetable. The court considered the parties’ competing degrees of success and the interrelationship between the disclosure issues, the timetable concerns and the parties’ engagement in progressing disclosure. The court also considered the continuing possibility that timetable difficulties might require further intervention.

1. The court treated the disclosure application and the timetable issue holistically. They were interrelated because the timetable concern arose partly from the number of prospective disclosure applications and the parties’ difficulties in engaging constructively.
2. The hearing had produced a substantial procedural benefit. It enabled the court to reset the case, give guidance for future disclosure applications, set dates maintaining the trial, and remove one remaining issue, while leaving open the possibility of a further timetable application if matters did not progress constructively.
3. In those circumstances, the appropriate order was that the costs of the hearing be costs in the case.
4. The court warned that future applications concerning disclosure or the trial timetable would be met with a stringent costs order if a party failed to engage reasonably or to attempt sensible resolution.