Bibby Financial Services & Anor v Magson & Ors [2011] EWHC 3285 (QB) (14 November 2011)

Bibby Financial Services & Anor v Magson & Ors [2011] EWHC 3285 (QB) (14 November 2011)

Claims dismissed as guarantees were intended to be deeds but not delivered; costs awarded to successful defendants on standard basis due to conduct on both sides; payment on account of costs ordered, no interest awarded as no evidence of payment by defendants.

Citation
[2011] EWHC 3285
Parties
Claimant: Bibby Financial Services and Another; First Defendant: Magson; Second Defendant: Scott
Jurisdiction
England and Wales
Judgment Date
14 November 2011
Procedural Posture
Commercial Litigation / Post Trial, Costs Judgment
Outcome
Claims dismissed; costs awarded to defendants.
Legal Topics
Guarantees, Deeds, Costs, Conditional Fee Agreements, Disclosure, Witness Credibility
Contract Law Civil Procedure Guarantees Deeds Costs Conditional Fee Agreements Disclosure Witness Credibility

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Parties

Bibby Financial Services and Another

Claimant

Magson

First Defendant

Scott

Second Defendant

Procedural Posture

Commercial Litigation / Post Trial, Costs Judgment

Legal Issues

  1. 1 Whether guarantees were validly delivered as deeds
  2. 2 Appropriate order as to costs given conduct of parties
  3. 3 Effect of conditional fee agreements on costs

Ratio Decidendi

Claims dismissed as guarantees were intended to be deeds but not delivered; costs awarded to successful defendants on standard basis due to conduct on both sides; payment on account of costs ordered, no interest awarded as no evidence of payment by defendants.

Court Disposition

Claims dismissed; costs awarded to defendants.

Orders

  • Claimant to pay first defendant £500,000 on account of costs.
  • Claimant to pay second defendant £150,000 on account of costs.