Rybak & Ors v Langbar International Ltd

Rybak & Ors v Langbar International Ltd

Withers LLP did not breach its duty to the court nor act negligently in failing to disclose the reference to refused offers during the ex parte application; the duty of full and frank disclosure was not broken on the facts, and no wasted costs order is justified.

Parties
Applicant/defendant: Langbar International Limited; Respondent/claimants' Solicitor: Withers LLP; Claimants: Rybak & Ors.
Jurisdiction
England and Wales
Judgment Date
17 February 2011
Procedural Posture
Application for Wasted Costs Order / Post Judgment, Costs Application
Outcome
Application dismissed
Legal Topics
Wasted Costs, Duty of Full and Frank Disclosure, Solicitor's Duty to Court, Ex Parte Applications
Civil Procedure Professional Negligence Wasted Costs Duty of Full and Frank Disclosure Solicitor's Duty to Court Ex Parte Applications

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Parties

Langbar International Limited

Applicant/defendant

Withers LLP

Respondent/claimants' Solicitor

Rybak & Ors.

Claimants

Procedural Posture

Application for Wasted Costs Order / Post Judgment, Costs Application

Legal Issues

  1. 1 Whether Withers LLP breached its duty to the court by failing to make full and frank disclosure during ex parte proceedings
  2. 2 Whether Withers LLP was negligent in the conduct of litigation, specifically regarding disclosure of material facts
  3. 3 Whether Withers LLP allowed misleading evidence to be presented to the court

Ratio Decidendi

Withers LLP did not breach its duty to the court nor act negligently in failing to disclose the reference to refused offers during the ex parte application; the duty of full and frank disclosure was not broken on the facts, and no wasted costs order is justified.

Court Disposition

Application dismissed

Orders

  • Application for wasted costs order against Withers LLP is dismissed.