Costs as damages

National Westminster Bank Plc v Rabobank Nederland [2007] EWHC 1742 (Comm) QBD 30 October

In breach of an anti-suit clause in an agreement, the defendant had brought proceedings against the claimant in California and the claimant had recovered as damages in England the costs of about £5.5m it had incurred in defending those proceedings. The claimant claimed its costs for breach of the anti-suit clause on the indemnity basis.