Tullett Prebon Plc & Ors v BGC Brokers LP & Ors [2010] EWHC 989 (QB) (06 May 2010)

Tullett Prebon Plc & Ors v BGC Brokers LP & Ors [2010] EWHC 989 (QB) (06 May 2010)

It would be wrong to make any order for costs incurred after 19 October 2009 due to the existence of Calderbank letters and the unresolved possibility of set-off or reduction; all outstanding matters as to costs are reserved.

Citation
[2010] EWHC 989 (QB)
Parties
Claimant: Tullett Prebon plc; Claimant: Tullett Prebon Group Limited; Claimant: Tullett Prebon (UK) Limited; Defendant: BGC Brokers L.P.; Defendant: BGC Brokers GP Limited; Defendant: Anthony Neil Verrier; Defendant: Shaun David Carl Edgar Lynn; Defendant: James Robert Hall; Defendant: Robert Leslie Sully; Defendant: Paul James Bishop; Defendant: Steven Harry Harkins; Defendant: Mark Andrew Yexley; Defendant: James Vincent Bowditch; Defendant: Kevin Charles Maurice Cohen; Defendant: Pelham Ashley Temple; Defendant: James Terence Wilkes; Defendant: Gavin David Matthews
Jurisdiction
England and Wales
Judgment Date
06 May 2010
Procedural Posture
Civil / Post Liability Judgment; Costs Determination
Outcome
All outstanding matters as to costs are reserved.
Legal Topics
Costs, Indemnity Costs, Calderbank Offers, Part 36 Offers, Injunctions, Damages
Commercial Law Employment Law Civil Procedure Costs Indemnity Costs Calderbank Offers Part 36 Offers Injunctions +1 more

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Parties

Tullett Prebon plc

Claimant

Tullett Prebon Group Limited

Claimant

Tullett Prebon (UK) Limited

Claimant

BGC Brokers L.P.

Defendant

BGC Brokers GP Limited

Defendant

Anthony Neil Verrier

Defendant

Shaun David Carl Edgar Lynn

Defendant

James Robert Hall

Defendant

Robert Leslie Sully

Defendant

Paul James Bishop

Defendant

Steven Harry Harkins

Defendant

Mark Andrew Yexley

Defendant

James Vincent Bowditch

Defendant

Kevin Charles Maurice Cohen

Defendant

Pelham Ashley Temple

Defendant

James Terence Wilkes

Defendant

Gavin David Matthews

Defendant

Procedural Posture

Civil / Post Liability Judgment; Costs Determination

Legal Issues

  1. 1 Whether an immediate order for costs should be made in favour of the claimants against the corporate defendants
  2. 2 Whether indemnity costs are appropriate given findings of dishonesty
  3. 3 Effect of Calderbank letters and Part 36 offers on costs determination

Ratio Decidendi

It would be wrong to make any order for costs incurred after 19 October 2009 due to the existence of Calderbank letters and the unresolved possibility of set-off or reduction; all outstanding matters as to costs are reserved.

Court Disposition

All outstanding matters as to costs are reserved.