Court can make costs orders in foreign currency

Cathay Pacific Airlines Ltd v Lufthansa Technik AG (2019) EWHC 715 (Ch)

The court has jurisdiction under s.51 of the Senior Courts Act 1981 and Part 44.2 to make a costs order in a foreign currency. There is no basis for reading into the court’s wide costs discretion a restriction that an award must be in sterling. The costs of a failed summary judgment application were assessed in the Defendant’s favour in the sum of €25,000.

Notice should be given, where summary assessment is sought in a foreign currency, together with a figure representing the sterling equivalent. There is no prescribed way to give this information – it may be by way of form N260 (statement of costs), written submissions and, if appropriate, by way of a witness statement.

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