Langer v McKeown & Anor [2021] EWHC 451 (Ch) (04 February 2021)

Langer v McKeown & Anor [2021] EWHC 451 (Ch) (04 February 2021)

Petitioner is successful at this stage and entitled to costs; Respondent's conduct warrants indemnity basis for certain phases; settlement offers not admissible or relevant to costs decision at this stage; interim payment of £450,000 appropriate given likely costs.

Citation
[2021] EWHC 451 (Ch)
Parties
Petitioner: Diana Langer; First Respondent: John McKeown; Second Respondent: The Stratos Club Limited
Jurisdiction
England and Wales
Judgment Date
04 February 2021
Procedural Posture
Unfair Prejudice Petition Under Companies Act / Second Part of Consequentials Hearing Following Liability Judgment
Outcome
Costs awarded to Petitioner; Respondent's application for leave to appeal refused.
Legal Topics
Unfair Prejudice, Costs, Split Trial, Share Valuation
Company Law Civil Procedure Unfair Prejudice Costs Split Trial Share Valuation

Case Brief

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Parties

Diana Langer

Petitioner

John McKeown

First Respondent

The Stratos Club Limited

Second Respondent

Procedural Posture

Unfair Prejudice Petition Under Companies Act / Second Part of Consequentials Hearing Following Liability Judgment

Legal Issues

  1. 1 Whether costs should be awarded at this stage of a split trial
  2. 2 Whether costs should be assessed on the indemnity basis
  3. 3 Effect of settlement offers on costs

Ratio Decidendi

Petitioner is successful at this stage and entitled to costs; Respondent's conduct warrants indemnity basis for certain phases; settlement offers not admissible or relevant to costs decision at this stage; interim payment of £450,000 appropriate given likely costs.

Court Disposition

Costs awarded to Petitioner; Respondent's application for leave to appeal refused.

Orders

  • Petitioner to produce final draft order for directions for second stage valuation hearing.
  • Respondent to pay Petitioner's costs to date, to be assessed if not agreed.