Chassy v Left Shift IT Ltd & Ors [2025] EWHC 1701 (KB) (04 July 2025)

Chassy v Left Shift IT Ltd & Ors [2025] EWHC 1701 (KB) (04 July 2025)

Claimant entitled to damages and interest against First Defendant only; costs apportioned so Claimant recovers 75% of his costs from First Defendant due to partial success; no indemnity costs or CPR 36.17 uplift as joint Part 36 offer would have unjustly exposed other Defendants; Second Defendant entitled to costs of defending claim against him, with payment on account limited to £5,000; Third Defendant entitled to costs but no payment on account due to lack of participation and information.

Citation
[2025] EWHC 1701 (KB)
Parties
Claimant: Mark Chassy; First Defendant: Left Shift IT Limited; Second Defendant: David Silverstone; Third Defendant: Mark Smith
Jurisdiction
England and Wales
Judgment Date
04 July 2025
Procedural Posture
Civil / Post Trial Judgment on Quantum and Costs
Outcome
Claimant awarded damages and interest against First Defendant; costs apportioned; Second and Third Defendants awarded costs of defending claims against them; payments on account ordered as specified.
Legal Topics
Costs, Directors' Duties, Damages, Interest, Set Off, Mediation, Part 36 Offers
Civil Procedure Contract Law Company Law Costs Directors' Duties Damages Interest Set Off +2 more

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Parties

Mark Chassy

Claimant

Left Shift IT Limited

First Defendant

David Silverstone

Second Defendant

Mark Smith

Third Defendant

Procedural Posture

Civil / Post Trial Judgment on Quantum and Costs

Legal Issues

  1. 1 Entitlement to damages against First Defendant
  2. 2 Entitlement to costs and apportionment between Defendants
  3. 3 Application of CPR 36.17 consequences

Ratio Decidendi

Claimant entitled to damages and interest against First Defendant only; costs apportioned so Claimant recovers 75% of his costs from First Defendant due to partial success; no indemnity costs or CPR 36.17 uplift as joint Part 36 offer would have unjustly exposed other Defendants; Second Defendant entitled to costs of defending claim against him, with payment on account limited to £5,000; Third Defendant entitled to costs but no payment on account due to lack of participation and information.

Court Disposition

Claimant awarded damages and interest against First Defendant; costs apportioned; Second and Third Defendants awarded costs of defending claims against them; payments on account ordered as specified.

Orders

  • First Defendant to pay Claimant £275,397.65 in damages.
  • First Defendant to pay interest at 3% per annum, daily rate £22.64.