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Petromec Inc v Petroleo Brasileiro SA Petrobras

The judge had been right to join an individual to the proceedings and make him jointly and severally liable for the costs of the successful defendants where he had controlled the proceedings brought by the claimant company, funded those proceedings and would have benefited from them if they had been successful.

28 July 2006

The appellant (E) appealed against a decision ([2005] EWHC 2430 (Comm)) adding him as a party to the proceedings and making him jointly and severally liable for the costs that the claimant (C) had been ordered to pay to the successful defendants (P). The proceedings arose out of a complex series of contractual relationships in relation to the purchase, upgrading and subsequent total loss of a semi-submersible oil production platform. The platform was to be used by P. The upgrading was to be performed by C. C had been set up for that purpose by another company (M) which had a long history of successful trading with P. M was 60 per cent owned by E and 40 per cent by another company (S) in which E was interested. The proceedings had resulted in substantial orders for costs against C, which had not been discharged. On P’s application, the judge found that E had controlled the proceedings brought by C, funded those proceedings and would have benefited from them if they had been success...

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