Archive for January 23, 2012

Mike Hill | January 23, 2012
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Costs of Claim and Counterclaim

THOMAS BROWN ESTATES LTD v HUNTERS PARTNERS LTD (FORMERLY COUNTYWIDE FRANCHISING LTD) (COSTS) (2012)

The claimant was the successful party and entitled to its costs where it achieved its desired result due to a late change of position by the defendant.
CIVIL PROCEDURE – COSTS
QBD (Eder J) 17/1/2012
References: LTL 20/1/2012
Document No.: Case Law – AC0131029

VILLA AGENCIES SPF LTD v KESTREL TRAVEL CONSULTANCY LTD (2012)
Where a claimant had partially succeeded in its claim, the correct starting point for the purposes of making a costs order was that the claimant had been the successful party, notwithstanding that the defendant had substantially succeeded in its counterclaim.
CIVIL PROCEDURE – COSTS
CA (Civ Div) (Maurice Kay LJ, McFarlane LJ, Davis LJ) 17/1/2012
References: LTL 18/1/2012 EXTEMPORE
Document No.: Case Law – AC9401070

Category: Costs Cases |
Mike Hill | January 23, 2012
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Maltby Holdings

Comments  From Lawtel:

IN THE MATTER OF MALTBY INVESTMENTS LTD (In Administration) sub nom MALTBY HOLDINGS LTD v (1) PETER NORMAN SPRATT (2) ANTHONY VICTOR LOMAS (2012)

An application for pre-action disclosure was refused where the documents sought were unnecessary to formulate anticipated claims. In the circumstances, copies of valuations and a contract of sale were not to be disclosed by administrators where an applicant alleged that they had not been validly appointed, and that the sale of a company’s assets had been at an undervalue.

CIVIL EVIDENCE – INSOLVENCY
Ch D (Companies Ct) (Warren J) 5/1/2012
References: LTL 13/1/2012
Document No.: Case Law – AC0130891

Category: Civil Procedure |