UTB LLC v Sheffield United Ltd [2018] EWHC 2779 (Ch) (03 October 2018)

UTB LLC v Sheffield United Ltd [2018] EWHC 2779 (Ch) (03 October 2018)

Sheffield was the substantially successful party on the funding application, as the relief it sought was ultimately obtained by agreement, and it was reasonable for Sheffield to bring and pursue the application given UTB's lack of engagement and the urgency. However, Sheffield's own conduct contributed to the need for the application, so its recoverable costs should be reduced by 50%.

Citation
[2018] EWHC 2779 (Ch)
Parties
Claimant/respondent: UTB LLC; Defendant/applicant: Sheffield United Limited
Jurisdiction
England and Wales
Judgment Date
03 October 2018
Procedural Posture
Costs Application in Ongoing Company/shareholder Litigation / Post Interlocutory Application, Costs Determination
Outcome
UTB to pay Sheffield United Limited one half of its costs of the funding application, subject to assessment and deductions as specified.
Legal Topics
Costs Orders, Shareholder Disputes, Interim Applications, Funding Arrangements
Civil Procedure Company Law Costs Orders Shareholder Disputes Interim Applications Funding Arrangements

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Parties

UTB LLC

Claimant/respondent

Sheffield United Limited

Defendant/applicant

Procedural Posture

Costs Application in Ongoing Company/shareholder Litigation / Post Interlocutory Application, Costs Determination

Legal Issues

  1. 1 Who was the successful party on the funding application for costs purposes?
  2. 2 Was it reasonable for Sheffield to bring and pursue the funding application?
  3. 3 Should costs be reduced due to Sheffield's partial responsibility for the dispute?

Ratio Decidendi

Sheffield was the substantially successful party on the funding application, as the relief it sought was ultimately obtained by agreement, and it was reasonable for Sheffield to bring and pursue the application given UTB's lack of engagement and the urgency. However, Sheffield's own conduct contributed to the need for the application, so its recoverable costs should be reduced by 50%.

Court Disposition

UTB to pay Sheffield United Limited one half of its costs of the funding application, subject to assessment and deductions as specified.

Orders

  • UTB to pay 50% of Sheffield's recoverable costs of the funding application, after deduction of costs not properly referable to the application and a 15% deduction for certain attendances.