Following the dismissal of an appeal regarding a receiver's decision to permit a corporation in receivership to plead guilty in an American criminal trial, the respondents sought costs.
The appellants argued no costs should be awarded as the issues were novel and complex.
The Court of Appeal rejected this argument, finding the appeal involved a standard review of a Commercial List judge's discretion.
The Court awarded costs to the respondents on a partial indemnity basis, fixing the amounts at a fair and reasonable level rather than actual costs incurred, payable by Lord Black and Conrad Black Capital Corporation.