BTI 2014 LLC v Pricewaterhousecoopers LLP & Anor [2019] EWHC 3219 (Ch) (25 November 2019)

BTI 2014 LLC v Pricewaterhousecoopers LLP & Anor [2019] EWHC 3219 (Ch) (25 November 2019)

BTI was wholly successful on the Application and is entitled to its costs; costs of the 2015 Application are costs in the case due to changed grounds and lack of hearing; no interest on costs is warranted given timing and low rates; interim payment of £350,000 ordered; permission to appeal granted on two grounds; stay of defence requirement granted pending appeal.

Citation
[2019] EWHC 3219 (Ch)
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
Commercial Litigation / Post Interlocutory Judgment; Consequential Matters
Outcome
Application dismissed; consequential orders made.
Legal Topics
Strike Out Applications, Summary Judgment, Costs, Permission to Appeal, Stay of Proceedings
Commercial Law Civil Procedure Strike Out Applications 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

Commercial Litigation / Post Interlocutory Judgment; Consequential Matters

Legal Issues

  1. 1 Disposal of prior strike out application
  2. 2 Allocation of costs for interlocutory applications
  3. 3 Interest on costs

Ratio Decidendi

BTI was wholly successful on the Application and is entitled to its costs; costs of the 2015 Application are costs in the case due to changed grounds and lack of hearing; no interest on costs is warranted given timing and low rates; interim payment of £350,000 ordered; permission to appeal granted on two grounds; stay of defence requirement granted pending appeal.

Court Disposition

Application dismissed; consequential orders made.

Orders

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