Henderson & Jones Limited v David Jason Ross & Ors

Henderson & Jones Limited v David Jason Ross & Ors

The claimant's conduct in bringing speculative, weak, and thin claims involving serious dishonesty allegations, coupled with unreasonable litigation conduct and publicity, justified an award of indemnity costs to all defendants. Payments on account set at 70% of updated costs, with specified pre-judgment interest rates for each defendant, and post-judgment interest to run 21 days from order. Permission to appeal refused as having no real prospect of success.

Parties
Claimant: Henderson & Jones Limited; First Defendant: David Jason Ross; Second Defendant: Second Defendant; Third Defendant: Third Defendant (Mr Gerard Barnes); Fifth Defendant: Fifth Defendant (Barclays Bank); Sixth Defendant: Sixth Defendant
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil (business and Property) / Post Judgment Consequential Ruling on Costs, Interest, and Permission to Appeal
Outcome
All claims dismissed; indemnity costs awarded to all defendants; permission to appeal refused.
Legal Topics
Costs (indemnity/standard), Directors' Duties, Knowing Assistance, Negligence, Unlawful Conspiracy, Permission to Appeal
Civil Procedure Company Law Insolvency Costs (indemnity/standard) Directors' Duties Knowing Assistance Negligence Unlawful Conspiracy +1 more

Case Brief

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Parties

Henderson & Jones Limited

Claimant

David Jason Ross

First Defendant

Second Defendant

Second Defendant

Third Defendant (Mr Gerard Barnes)

Third Defendant

Fifth Defendant (Barclays Bank)

Fifth Defendant

Sixth Defendant

Sixth Defendant

Procedural Posture

Civil (business and Property) / Post Judgment Consequential Ruling on Costs, Interest, and Permission to Appeal

Legal Issues

  1. 1 Whether indemnity or standard costs should be awarded
  2. 2 Appropriate percentage for payment on account of costs
  3. 3 Appropriate rate and timing for pre- and post-judgment interest

Ratio Decidendi

The claimant's conduct in bringing speculative, weak, and thin claims involving serious dishonesty allegations, coupled with unreasonable litigation conduct and publicity, justified an award of indemnity costs to all defendants. Payments on account set at 70% of updated costs, with specified pre-judgment interest rates for each defendant, and post-judgment interest to run 21 days from order. Permission to appeal refused as having no real prospect of success.

Court Disposition

All claims dismissed; indemnity costs awarded to all defendants; permission to appeal refused.

Orders

  • Indemnity costs to all defendants
  • Payment on account of costs at 70% of updated figures for each defendant, payable within 21 days