Mex Group Worldwide Limited v Adam Duthie & Anor

Mex Group Worldwide Limited v Adam Duthie & Anor

The defendants were mainly successful and are entitled to 75% of their costs of the application, subject to detailed assessment, with a 25% reduction reflecting Mex's partial success on wrongful retention of documents. The costs of the adjourned hearing are costs in the case, as no party misconduct was found. Mex is ordered to pay £91,350 on account within 28 days.

Parties
Claimant: Mex Group Worldwide Limited; Defendant: Adam Duthie; Defendant: Duthie Consultants Limited
Jurisdiction
England and Wales
Judgment Date
07 September 2025
Procedural Posture
Civil / Post Summary Judgment, Costs Determination
Outcome
Costs order in favour of defendants, partial reduction for claimant's success.
Legal Topics
Costs, Summary Judgment, Breach of Confidence, Wrongful Retention of Documents
Civil Procedure Professional Responsibility Costs Summary Judgment Breach of Confidence Wrongful Retention of Documents

Case Brief

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Parties

Mex Group Worldwide Limited

Claimant

Adam Duthie

Defendant

Duthie Consultants Limited

Defendant

Procedural Posture

Civil / Post Summary Judgment, Costs Determination

Legal Issues

  1. 1 Appropriate costs order following summary judgment and strike out application
  2. 2 Whether conduct of defendants warrants indemnity costs for adjourned hearing
  3. 3 Percentage reduction in costs due to partial success of claimant

Ratio Decidendi

The defendants were mainly successful and are entitled to 75% of their costs of the application, subject to detailed assessment, with a 25% reduction reflecting Mex's partial success on wrongful retention of documents. The costs of the adjourned hearing are costs in the case, as no party misconduct was found. Mex is ordered to pay £91,350 on account within 28 days.

Court Disposition

Costs order in favour of defendants, partial reduction for claimant's success.

Orders

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