Signia Wealth Ltd v Marlborough Trust Company Ltd & Anor [2016] EWHC 2141 (Ch) (12 July 2016)

Signia Wealth Ltd v Marlborough Trust Company Ltd & Anor [2016] EWHC 2141 (Ch) (12 July 2016)

The claim remains within the costs management regime as the value was not specified in the claim forms and significant future costs remain; a split trial is refused because valuation issues are intertwined with liability and performance, and a single trial is more efficient and just.

Citation
[2016] EWHC 2141 (Ch)
Parties
Claimant: Signia Wealth Limited; First Defendant: Marlborough Trust Company Limited; Second Defendant: Ms Nathalie Dauriac-Stoebe
Jurisdiction
England and Wales
Judgment Date
12 July 2016
Procedural Posture
Civil (company/trusts) / Case Management Conference (cmc) Ruling
Outcome
Directions given; claim remains within costs management regime; no split trial ordered.
Legal Topics
Costs Management, Split Trial, Shareholder Disputes, Employment Termination, Valuation of Shares
Company Law Trusts Civil Procedure Costs Management Split Trial Shareholder Disputes Employment Termination Valuation of Shares

Case Brief

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Parties

Signia Wealth Limited

Claimant

Marlborough Trust Company Limited

First Defendant

Ms Nathalie Dauriac-Stoebe

Second Defendant

Procedural Posture

Civil (company/trusts) / Case Management Conference (cmc) Ruling

Legal Issues

  1. 1 Whether the claim should be excluded from the costs management regime
  2. 2 Whether there should be a split trial separating liability and valuation issues

Ratio Decidendi

The claim remains within the costs management regime as the value was not specified in the claim forms and significant future costs remain; a split trial is refused because valuation issues are intertwined with liability and performance, and a single trial is more efficient and just.

Court Disposition

Directions given; claim remains within costs management regime; no split trial ordered.

Orders

  • Costs management conference to be scheduled at earliest available date.
  • Directions for preparation for costs management hearing.