BTI 2014 LLC v Pricewaterhousecoopers LLP & Anor

BTI 2014 LLC v Pricewaterhousecoopers LLP & Anor

BTI is entitled to its costs of the Application as it wholly succeeded; costs of the 2015 Application are to be costs in the case due to the grounds falling away and not being argued. PWC to pay £350,000 on account of costs. Permission to appeal granted on grounds 1 and 2, refused on ground 3. Stay granted on requirement to file defence pending appeal outcome.

Parties
Claimant/respondent: BTI 2014 LLC; First Defendant/applicant: PricewaterhouseCoopers LLP; Second Defendant: Windward Prospects Limited
Jurisdiction
England and Wales
Judgment Date
25 November 2019
Procedural Posture
Civil (commercial) / Judgment on Consequential Matters Following Interlocutory Application
Outcome
Application dismissed; consequential orders made.
Legal Topics
Strike Out Application, Summary Judgment, Costs, Permission to Appeal, Stay of Proceedings
Civil Procedure Commercial Law Strike Out Application Summary Judgment Costs Permission to Appeal Stay of Proceedings

Case Brief

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Parties

BTI 2014 LLC

Claimant/respondent

PricewaterhouseCoopers LLP

First Defendant/applicant

Windward Prospects Limited

Second Defendant

Procedural Posture

Civil (commercial) / Judgment on Consequential Matters Following Interlocutory Application

Legal Issues

  1. 1 Appropriate disposal of 2015 strike out and summary judgment application
  2. 2 Allocation of costs for 2015 Application and 2019 Application
  3. 3 Interest on costs

Ratio Decidendi

BTI is entitled to its costs of the Application as it wholly succeeded; costs of the 2015 Application are to be costs in the case due to the grounds falling away and not being argued. PWC to pay £350,000 on account of costs. Permission to appeal granted on grounds 1 and 2, refused on ground 3. Stay granted on requirement to file defence pending appeal outcome.

Court Disposition

Application dismissed; consequential orders made.

Orders

  • 2015 Application formally dismissed.
  • Costs of 2015 Application to be costs in the case.