Attwood v Maidment & Ors

Attwood v Maidment & Ors

Mr Attwood was the successful party on both the petition and quantification, with the final figure closer to his position. There was no unreasonable conduct by Mr Attwood, and his challenge to the mortgages was reasonable. Although not wholly successful, only a slight discount is justified. Mr Attwood is awarded 90% of his costs since 22 September 2011.

Parties
Petitioner: Allan Attwood; Respondents: Geoffrey Maidment & Ors
Jurisdiction
England and Wales
Judgment Date
16 July 2012
Procedural Posture
Unfair Prejudice Petition (companies Act) / Costs Ruling Following Judgment on Valuation and Quantification
Outcome
Petitioner awarded 90% of his costs since 22 September 2011; permission to appeal refused.
Legal Topics
Unfair Prejudice, Costs, Valuation of Shares, Offers to Settle
Company Law Civil Procedure Unfair Prejudice Costs Valuation of Shares Offers to Settle

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Parties

Allan Attwood

Petitioner

Geoffrey Maidment & Ors

Respondents

Procedural Posture

Unfair Prejudice Petition (companies Act) / Costs Ruling Following Judgment on Valuation and Quantification

Legal Issues

  1. 1 Who should bear the costs incurred since 22 September 2011 in an unfair prejudice petition after judgment on valuation and quantification
  2. 2 Whether the conduct of the parties and offers to settle affect the costs order
  3. 3 Whether a discount should be applied to the successful party's costs

Ratio Decidendi

Mr Attwood was the successful party on both the petition and quantification, with the final figure closer to his position. There was no unreasonable conduct by Mr Attwood, and his challenge to the mortgages was reasonable. Although not wholly successful, only a slight discount is justified. Mr Attwood is awarded 90% of his costs since 22 September 2011.

Court Disposition

Petitioner awarded 90% of his costs since 22 September 2011; permission to appeal refused.

Orders

  • Mr Maidment to pay 90% of Mr Attwood’s costs incurred since 22 September 2011.
  • Permission to appeal refused.