On 10 August 2004, the US 5th Circuit Court of Appeals reversed the judgement against the BOC entities in its entirety.
In addition, the Appellate Court reversed virtually all of the judgement against Fluorogas.
All that remains of the original judgement against Fluorogas is USD 170 thousand in reliance damages plus an additional amount for costs, including attorney's fees.
As to the attorney's fees, the Appellate Court held that the District Court abused its discretion in making the original award and instructed the District Court to reconsider the amount of attorney's fees in light of the limited recovery on appeal.
On 21 February 2003, a jury in the US District Court for the Western District of Texas rendered a verdict for approximately USD 132 million against Fluorogas Limited, The BOC Group plc.
In March 2003, the District Court also awarded interest, costs and attorney's fees against Fluorogas and the BOC entities, making them jointly and severally liable for a total of approximately USD 174 million.
