4VVV Ltd & Ors v Spence & Ors [2024] EWHC 3035 (Comm) (27 November 2024)

4VVV Ltd & Ors v Spence & Ors [2024] EWHC 3035 (Comm) (27 November 2024)

Non-compliance with Regulation 13 of the 2013 Regulations does not render the retainer unenforceable; however, the Costs Sharing Order prevents the Corporate Claimants from recovering costs on a joint and several basis, limiting recovery to several liability only.

Source-derived case information.

Citation
[2024] EWHC 3035 (Comm)
Parties
Claimants: 4VVV LTD and the (2) to (435) Claimants listed in Schedule 1 to the Claim Form; Defendants: Nicholas Spence and Derek Kewley and (3) to (6) and (8) to (13) Defendants
Jurisdiction
England and Wales
Judgment Date
27 November 2024
Procedural Posture
Commercial Court Claim / Post Trial, Consequential Matters, Costs Determination
Outcome
Claimants not entitled to costs orders or interim payment on account of costs on a joint and several basis; recovery limited to several liability as per Costs Sharing Order.
Legal Topics
Indemnity Principle, Costs Recovery, Consumer Contracts (information, Cancellation and Additional Charges) Regulations 2013, Joint and Several Liability, Costs Sharing Orders
Civil Procedure Contract Law Consumer Law Indemnity Principle Costs Recovery Consumer Contracts (information, Cancellation and Additional Charges) Regulations 2013 Joint and Several Liability Costs Sharing Orders

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Parties

4VVV LTD and the (2) to (435) Claimants listed in Schedule 1 to the Claim Form

Claimants

Nicholas Spence and Derek Kewley and (3) to (6) and (8) to (13) Defendants

Defendants

Procedural Posture

Commercial Court Claim / Post Trial, Consequential Matters, Costs Determination

Legal Issues

  1. 1 Whether non-compliance with Regulation 13 of the 2013 Regulations renders the retainer unenforceable for costs recovery purposes
  2. 2 Whether the Corporate Claimants are jointly and severally liable for solicitors' costs
  3. 3 Effect of the Costs Sharing Order on entitlement to recover costs

Ratio Decidendi

Non-compliance with Regulation 13 of the 2013 Regulations does not render the retainer unenforceable; however, the Costs Sharing Order prevents the Corporate Claimants from recovering costs on a joint and several basis, limiting recovery to several liability only.

Court Disposition

Claimants not entitled to costs orders or interim payment on account of costs on a joint and several basis; recovery limited to several liability as per Costs Sharing Order.