Mex Group Worldwide Ltd v Duthie & Anor (No. 2: Costs) [2025] EWHC 1725 (KB) (09 July 2025)

Mex Group Worldwide Ltd v Duthie & Anor (No. 2: Costs) [2025] EWHC 1725 (KB) (09 July 2025)

The defendants were mainly successful and entitled to their costs of the application, subject to a 25% reduction for Mex's partial success on the wrongful retention of property claim. The costs of the adjourned hearing are to be costs in the case, as no reprehensible conduct by the defendants was found. An interim payment of £91,350 (70% of the reduced costs) is appropriate, balancing recoverability and out-of-pocket position.

Citation
[2025] EWHC 1725 (KB)
Parties
Claimant: Mex Group Worldwide Limited; Defendant: Adam Duthie; Defendant: Duthie Consultants Limited
Jurisdiction
England and Wales
Judgment Date
09 July 2025
Procedural Posture
Costs Judgment Following Summary Judgment and Strike Out Application / Post Application, Costs Determination
Outcome
Costs order in favour of defendants, with partial reduction and interim payment.
Legal Topics
Costs, Summary Judgment, Strike Out, Confidential Information, Breach of Confidence
Civil Procedure Professional Conduct Costs Summary Judgment Strike Out Confidential Information Breach of Confidence

Case Brief

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Parties

Mex Group Worldwide Limited

Claimant

Adam Duthie

Defendant

Duthie Consultants Limited

Defendant

Procedural Posture

Costs Judgment Following Summary Judgment and Strike Out Application / Post Application, Costs Determination

Legal Issues

  1. 1 Appropriate costs order following partial success on summary judgment and strike out application
  2. 2 Whether conduct of defendants warranted indemnity costs for adjourned hearing
  3. 3 Assessment of interim payment on account of costs

Ratio Decidendi

The defendants were mainly successful and entitled to their costs of the application, subject to a 25% reduction for Mex's partial success on the wrongful retention of property claim. The costs of the adjourned hearing are to be costs in the case, as no reprehensible conduct by the defendants was found. An interim payment of £91,350 (70% of the reduced costs) is appropriate, balancing recoverability and out-of-pocket position.

Court Disposition

Costs order in favour of defendants, with partial reduction and interim payment.

Orders

  • Costs of adjourned hearing to be costs in the case.
  • Mex to pay defendants 75% of their costs of the application, excluding adjourned hearing costs.