Challinor & 20 Ors v Juliet Bellis & Co & Anor [2013] EWHC 620 (Ch) (19 March 2013)

Challinor & 20 Ors v Juliet Bellis & Co & Anor [2013] EWHC 620 (Ch) (19 March 2013)

Claimants are entitled to equitable compensation of £2,280,000 apportioned among them, with interest at 1% above base rate to 13 December 2007 and 3% above base rate thereafter until payment. The Defendant Firm must pay 90% of the Claimants' costs, with no order for costs as between Claimants and Mr Egan, and Defendant Firm to pay Mr Egan's costs of the Part 20 claim. Payments on account of costs are ordered. The appropriate interest rate on costs is 3% above base rate from the date costs were paid. Permission to appeal is addressed separately.

Citation
[2013] EWHC 620 (Ch)
Parties
Claimant: Mrs Adelle Challinor and 20 Others; Defendant and Part 20 Claimant: Juliet Bellis & Co; Second Defendant and Part 20 Defendant: Mr Geoffrey Egan
Jurisdiction
England and Wales
Judgment Date
19 March 2013
Procedural Posture
High Court Chancery Division Civil Claim / Post Judgment Supplemental Ruling on Remedies, Interest, Costs, and Permission to Appeal
Outcome
Equitable compensation and interest awarded to claimants; costs orders made; payments on account ordered; permission to appeal addressed separately.
Legal Topics
Equitable Compensation, Interest on Judgment Debts, Costs Orders, Remedies for Breach of Trust, Litigation Conduct, Payments on Account, Permission to Appeal
Equity Trusts Civil Procedure Equitable Compensation Interest on Judgment Debts Costs Orders Remedies for Breach of Trust Litigation Conduct +2 more

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Parties

Mrs Adelle Challinor and 20 Others

Claimant

Juliet Bellis & Co

Defendant and Part 20 Claimant

Mr Geoffrey Egan

Second Defendant and Part 20 Defendant

Procedural Posture

High Court Chancery Division Civil Claim / Post Judgment Supplemental Ruling on Remedies, Interest, Costs, and Permission to Appeal

Legal Issues

  1. 1 Whether claimants are entitled to equitable compensation and in what amount
  2. 2 Appropriate rate and period for interest on principal sums and costs
  3. 3 Allocation of liability for costs among parties

Ratio Decidendi

Claimants are entitled to equitable compensation of £2,280,000 apportioned among them, with interest at 1% above base rate to 13 December 2007 and 3% above base rate thereafter until payment. The Defendant Firm must pay 90% of the Claimants' costs, with no order for costs as between Claimants and Mr Egan, and Defendant Firm to pay Mr Egan's costs of the Part 20 claim. Payments on account of costs are ordered. The appropriate interest rate on costs is 3% above base rate from the date costs were paid. Permission to appeal is addressed separately.

Court Disposition

Equitable compensation and interest awarded to claimants; costs orders made; payments on account ordered; permission to appeal addressed separately.

Orders

  • Claimants awarded £2,280,000 equitable compensation apportioned among them
  • Interest awarded at 1% above base rate to 13 December 2007, then 3% above base rate until payment