Deutsche Bank (Suisse) SA v Khan & Ors

Deutsche Bank (Suisse) SA v Khan & Ors

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. The Defendants' conduct and the collective nature of the litigation support this outcome. Possession orders are justified, with a two-month period for compliance, and interim payment on account of costs is set at £2,100,000.

Parties
Claimant: Deutsche Bank (Suisse) SA; Defendants: Gulzar Ahmed Khan & Others
Jurisdiction
England and Wales
Judgment Date
25 April 2013
Procedural Posture
Commercial / Post Trial Consequential Orders
Outcome
Claimant's applications substantially granted
Legal Topics
Costs, Indemnity Costs, Joint and Several Liability, Possession Orders, Counterclaims, Interest on Costs, Interim Payments
Banking and Finance Contract Law Civil Procedure Costs Indemnity Costs Joint and Several Liability Possession Orders Counterclaims +2 more

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Parties

Deutsche Bank (Suisse) SA

Claimant

Gulzar Ahmed Khan & Others

Defendants

Procedural Posture

Commercial / Post Trial Consequential Orders

Legal Issues

  1. 1 Whether costs should be awarded on a joint and several basis
  2. 2 Whether costs should be assessed on an indemnity basis
  3. 3 Appropriate amount for 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. The Defendants' conduct and the collective nature of the litigation support this outcome. Possession orders are justified, with a two-month period for compliance, and interim payment on account of costs is set at £2,100,000.

Court Disposition

Claimant's applications substantially granted

Orders

  • Money judgment for amounts certified by Claimant
  • Dismissal of counterclaims as per draft order with amendment