Foreign Jurisdiction Costs

Costs incurred in a Foreign Jurisdiction

Union Discount Co Ltd -v- Robert Zoller & Ors [2002] 1 WLR 1517 and [2001] EWCA Civ 1755
There was no rule of law that costs incurred in foreign proceedings could not be recovered in an English action between the same parties where a separate cause of action existed in relation to those costs.

SOCIETA FINANZIARIA INDUSTRIE TURISTICHE SPA V (1) MANFREDI LEFEBVRE D’OVIDIO DE CLUNIERES DI BALSORANO (2) ANTONIO LEFEBVRE D’OVIDIO DE CLUNIERES DI BALSORANO (2006)
Costs incurred by a litigant in another jurisdiction should be assessed according to the rules (and the way in which they would have been assessed) in that jurisdiction.

See also re recovery of Scottish Solicitors’ time in English proceedings:
Wentworth v Lloyd (1866) LR 2 Eq 607;
Slingsby v Attorney-General (1918) P 236;
McCullie v Butler (No2) (Costs, Taxation) (1962) 2 QB 309

National Westminster Bank Plc -v- Rabobank Nederland [2007] EWHC 1742 (Comm)
The costs of the Californian proceedings should be assessed for the purpose of calculating damages on the indemnity basis and not on the standard basis. Where, as in the instant case, the innocent party had incurred legal costs to stifle a claim.

Privy Council

Seaga v Harper (No 2) [2009] UKPC 26; [2009] WLR (D) 212
Domestic law applies: Success fees under conditional fee agreements, and premiums paid on “after the event” insurance cover were not recoverable as costs by a successful party in an appeal to the Privy Council from Jamaica whose domestic law did not allow conditional fee agreements or permit expenditure on after the event premiums to be an allowable disbursement.

Litigants in Person employing lawyers in another jurisdiction

Richard Andrew Campbell v Robert Campbell [2016] EWHC 1828 (Ch)
Services provided by a lawyer in another jurisdiction are not “legal services” for the purposes of CPR r46.5(3)(b). Those costs are not recoverable by a litigant in person as ‘payments reasonably made for legal services relating to the conduct of the proceedings’.