Mark Chassy v Left Shift IT Limited & Ors

Mark Chassy v Left Shift IT Limited & Ors

Claimant entitled to recover 75% of his costs against First Defendant due to partial success; CPR 36.17 consequences not applied as joint Part 36 offer would unjustly expose Second and Third Defendants; payment on account ordered at £175,000; Second Defendant entitled to costs for defending claim in personal capacity, payment on account set at £5,000; Third Defendant entitled to costs but no payment on account due to lack of participation and information.

Parties
Claimant: Mark Chassy; First Defendant: Left Shift IT Limited; Second Defendant: David Silverstone; Third Defendant: Mark Smith
Jurisdiction
England and Wales
Judgment Date
07 April 2025
Procedural Posture
Civil / Post Judgment Costs Determination
Outcome
Claimant awarded 75% of costs against First Defendant; Second and Third Defendants awarded costs for defending claims; payments on account ordered as specified.
Legal Topics
Costs, Director Liability, Equitable Set Off, Mediation, CPR 36.17
Civil Procedure Company Law Costs Director Liability Equitable Set Off Mediation CPR 36.17

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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 Judgment Costs Determination

Legal Issues

  1. 1 Entitlement and apportionment of costs following partial success
  2. 2 Application of CPR 36.17 consequences
  3. 3 Liability for costs among multiple defendants

Ratio Decidendi

Claimant entitled to recover 75% of his costs against First Defendant due to partial success; CPR 36.17 consequences not applied as joint Part 36 offer would unjustly expose Second and Third Defendants; payment on account ordered at £175,000; Second Defendant entitled to costs for defending claim in personal capacity, payment on account set at £5,000; Third Defendant entitled to costs but no payment on account due to lack of participation and information.

Court Disposition

Claimant awarded 75% of costs against First Defendant; Second and Third Defendants awarded costs for defending claims; payments on account ordered as specified.

Orders

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