Bibby Financial Services & Anor v Magson & Ors

Bibby Financial Services & Anor v Magson & Ors

The guarantees sued upon were intended to be deeds but were not delivered; claimant failed to prove fraudulent invoices; costs awarded to successful defendants on standard basis due to conduct on both sides.

Parties
Claimant: Bibby Financial Services and Another; First Defendant: Magson; Second Defendant: Scott
Jurisdiction
England and Wales
Judgment Date
14 November 2011
Procedural Posture
Civil / Post Trial Judgment on Costs
Outcome
Claims against first and second defendants dismissed; costs awarded to defendants.
Legal Topics
Guarantees, Costs, Conditional Fee Agreements, Fraudulent Invoices, Disclosure
Civil Procedure Contract Law Guarantees Costs Conditional Fee Agreements Fraudulent Invoices Disclosure

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Parties

Bibby Financial Services and Another

Claimant

Magson

First Defendant

Scott

Second Defendant

Procedural Posture

Civil / Post Trial Judgment on Costs

Legal Issues

  1. 1 Whether guarantees were validly delivered as deeds
  2. 2 Appropriate order as to costs
  3. 3 Impact of parties' conduct on costs

Ratio Decidendi

The guarantees sued upon were intended to be deeds but were not delivered; claimant failed to prove fraudulent invoices; costs awarded to successful defendants on standard basis due to conduct on both sides.

Court Disposition

Claims against first and second defendants dismissed; costs awarded to defendants.

Orders

  • First and second defendants awarded whole costs of action on standard basis.
  • Claimant to pay £500,000 on account of costs to Mr Magson.