Eden v Parker [2017] EWHC 656 (Ch) (09 February 2017)

Eden v Parker [2017] EWHC 656 (Ch) (09 February 2017)

Costs of the Part 7 claim and unfair prejudice petition should be severed and apportioned due to their discrete nature. Mr Parker is the successful party on the Part 7 claim and is awarded 75% of his costs of that claim (45% of trial costs), assessed on the standard basis, with a discount for his conduct. Mr Eden is the successful party on the unfair prejudice petition and is awarded 50% of his costs of the petition (20% of trial costs), also on the standard basis, with mutual set-off. Interest on sums payable to the LLP is set at 2.5% over base rate (3% up to 4 August 2016, 2.75% thereafter), compounded quarterly. Mr Parker is ordered to pay £1,275 plus interest to the LLP for Companies...

Citation
[2017] EWHC 656 (Ch)
Parties
Claimant/petitioner: Jack Wyatt Eden; Defendant/1st Respondent: Barry Martin Parker
Jurisdiction
England and Wales
Judgment Date
09 February 2017
Procedural Posture
Part 7 Claim and Unfair Prejudice Petition / Post Trial, Costs Judgment
Outcome
Costs apportioned: Mr Parker awarded 75% of his costs of the Part 7 claim (45% of trial costs) on the standard basis; Mr Eden awarded 50% of his costs of the unfair prejudice petition (20% of trial costs) on the standard basis; mutual set-off applies. Mr Parker to pay £1,275 plus interest to the LLP for late-filing...
Legal Topics
Costs, Interest on Judgment, Unfair Prejudice, LLP Disputes, Breach of Duty, Misrepresentation, Fraud
Civil Procedure Company Law Costs Interest on Judgment Unfair Prejudice LLP Disputes Breach of Duty Misrepresentation +1 more

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Parties

Jack Wyatt Eden

Claimant/petitioner

Barry Martin Parker

Defendant/1st Respondent

Procedural Posture

Part 7 Claim and Unfair Prejudice Petition / Post Trial, Costs Judgment

Legal Issues

  1. 1 Appropriate rate and basis of interest on sums payable to LLP
  2. 2 Responsibility for Companies House late-filing fees
  3. 3 Appointment of managing agents for LLP property

Ratio Decidendi

Costs of the Part 7 claim and unfair prejudice petition should be severed and apportioned due to their discrete nature. Mr Parker is the successful party on the Part 7 claim and is awarded 75% of his costs of that claim (45% of trial costs), assessed on the standard basis, with a discount for his conduct. Mr Eden is the successful party on the unfair prejudice petition and is awarded 50% of his costs of the petition (20% of trial costs), also on the standard basis, with mutual set-off. Interest on sums payable to the LLP is set at 2.5% over base rate (3% up to 4 August 2016, 2.75% thereafter), compounded quarterly. Mr Parker is ordered to pay £1,275 plus interest to the LLP for Companies...

Court Disposition

Costs apportioned: Mr Parker awarded 75% of his costs of the Part 7 claim (45% of trial costs) on the standard basis; Mr Eden awarded 50% of his costs of the unfair prejudice petition (20% of trial costs) on the standard basis; mutual set-off applies. Mr Parker to pay £1,275 plus interest to the LLP for late-filing...

Orders

  • Mr Parker to pay interest on sums due to LLP at 3% up to 4 August 2016 and 2.75% thereafter, compounded quarterly.
  • Mr Parker to pay £1,275 plus interest to the LLP for Companies House late-filing fees.