Deutsche Bank (Suisse) SA v Khan & Ors [2013] EWHC 1020 (Comm) (25 April 2013)

Deutsche Bank (Suisse) SA v Khan & Ors [2013] EWHC 1020 (Comm) (25 April 2013)

The Facility Agreement's reference to 'Borrowers' and 'all costs' imposes joint and several liability for costs on all Defendants, and entitles the Claimant to indemnity costs unless costs are unreasonable. The litigation was run collectively by all Defendants, justifying a joint and several order. The Claimant is entitled to an interim payment of £2,100,000 on account of costs, and to possession orders with a two-month period for Defendants to redeem charges.

Citation
[2013] EWHC 1020 (Comm)
Parties
Claimant: Deutsche Bank (Suisse) SA; Defendants: Gulzar Ahmed Khan & Others
Jurisdiction
England and Wales
Judgment Date
25 April 2013
Procedural Posture
Commercial Claim and Counterclaims / Post Trial, Consequential Orders
Outcome
Claimant's applications substantially granted; Defendants' counterclaims dismissed or stayed; costs awarded to Claimant on joint and several and indemnity basis; interim payment ordered; possession orders granted with two-month redemption period.
Legal Topics
Costs, Indemnity Costs, Joint and Several Liability, Possession Orders, Contractual Interpretation, Counterclaims, Interest on Costs, Interim Payments
Commercial Law Banking Law Civil Procedure Costs Indemnity Costs Joint and Several Liability Possession Orders Contractual Interpretation +3 more

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Parties

Deutsche Bank (Suisse) SA

Claimant

Gulzar Ahmed Khan & Others

Defendants

Procedural Posture

Commercial Claim and Counterclaims / Post Trial, Consequential Orders

Legal Issues

  1. 1 Whether Defendants are jointly and severally liable for costs under the Facility Agreement and CPR
  2. 2 Whether costs should be assessed on an indemnity basis
  3. 3 Appropriate amount for interim payment on account of costs

Ratio Decidendi

The Facility Agreement's reference to 'Borrowers' and 'all costs' imposes joint and several liability for costs on all Defendants, and entitles the Claimant to indemnity costs unless costs are unreasonable. The litigation was run collectively by all Defendants, justifying a joint and several order. The Claimant is entitled to an interim payment of £2,100,000 on account of costs, and to possession orders with a two-month period for Defendants to redeem charges.

Court Disposition

Claimant's applications substantially granted; Defendants' counterclaims dismissed or stayed; costs awarded to Claimant on joint and several and indemnity basis; interim payment ordered; possession orders granted with two-month redemption period.

Orders

  • Defendants to pay Claimant's costs on a joint and several and indemnity basis.
  • Defendants to make interim payment of £2,100,000 within two months.