Black & Ors v Davies

Black & Ors v Davies

No order as to costs at trial due to findings of dishonest conduct; interest appeal dismissed with costs; Black parties to pay 60% of Mr Davies' costs for the remainder of the appeal; assessment of damages for the freezing order remitted to the High Court; permission to appeal to the House of Lords refused.

Parties
Claimant/respondent: Herbert Black; Claimant/respondent: American Iron & Metal; Claimant/respondent: Lito Trade Incorporated; Defendant/appellant: Vivian John Davies
Jurisdiction
England and Wales
Judgment Date
06 May 2005
Procedural Posture
Civil Appeal / Judgment on Costs
Outcome
Costs order made; interest appeal dismissed; damages assessment remitted; permission to appeal refused.
Legal Topics
Costs, Appeal, Freezing Order, Permission to Appeal
Civil Procedure Costs Appeal Freezing Order Permission to Appeal

Case Brief

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Parties

Herbert Black

Claimant/respondent

American Iron & Metal

Claimant/respondent

Lito Trade Incorporated

Claimant/respondent

Vivian John Davies

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Costs

Legal Issues

  1. 1 Appropriate order for costs at trial and on appeal
  2. 2 Allocation of costs regarding the interest appeal
  3. 3 Remittal of assessment of damages for freezing order

Ratio Decidendi

No order as to costs at trial due to findings of dishonest conduct; interest appeal dismissed with costs; Black parties to pay 60% of Mr Davies' costs for the remainder of the appeal; assessment of damages for the freezing order remitted to the High Court; permission to appeal to the House of Lords refused.

Court Disposition

Costs order made; interest appeal dismissed; damages assessment remitted; permission to appeal refused.

Orders

  • No order as to costs at trial.
  • Interest appeal dismissed with costs.