M5 Associates Ltd v Wetton & Anor [2026] EWHC 185 (Comm) (06 February 2026)

M5 Associates Ltd v Wetton & Anor [2026] EWHC 185 (Comm) (06 February 2026)

Claimant entitled to costs up to and including default judgment on standard basis; defendant entitled to costs for defending balance of claim and responding to unsuccessful applications; defendant to pay claimant's costs of second disclosure application and redetermination due to his disclosure failures; no basis to revisit interest order or alter costs due to Court of Appeal refusal of permission to appeal.

Citation
[2026] EWHC 185 (Comm)
Parties
Claimant: M5 Associates Limited; First Defendant: Simon Nevill Wetton; Second Defendant: Phillip Watkins
Jurisdiction
England and Wales
Judgment Date
06 February 2026
Procedural Posture
Commercial Claim (enforcement of Guarantee) / Post Judgment; Costs and Consequential Matters
Outcome
Costs orders made as set out; parties to file agreed draft order within 14 days; no change to interest order.
Legal Topics
Costs, Enforcement of Guarantees, Disclosure, Interest on Judgment Debts
Commercial Law Civil Procedure Costs Enforcement of Guarantees Disclosure Interest on Judgment Debts

Case Brief

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Parties

M5 Associates Limited

Claimant

Simon Nevill Wetton

First Defendant

Phillip Watkins

Second Defendant

Procedural Posture

Commercial Claim (enforcement of Guarantee) / Post Judgment; Costs and Consequential Matters

Legal Issues

  1. 1 Entitlement to costs following partial success in enforcement of guarantee
  2. 2 Whether claimant or defendant should bear costs of applications and redetermination
  3. 3 Effect of conduct and disclosure failures on costs orders

Ratio Decidendi

Claimant entitled to costs up to and including default judgment on standard basis; defendant entitled to costs for defending balance of claim and responding to unsuccessful applications; defendant to pay claimant's costs of second disclosure application and redetermination due to his disclosure failures; no basis to revisit interest order or alter costs due to Court of Appeal refusal of permission to appeal.

Court Disposition

Costs orders made as set out; parties to file agreed draft order within 14 days; no change to interest order.

Orders

  • Mr Watkins to pay claimant's costs up to and including default judgment (standard basis).
  • Claimant to pay Mr Watkins' costs for defending balance of claim and responding to unsuccessful applications (standard basis).