EC Medica Group UK Ltd & Ors v Dearnley-Davison & Ors [2019] EWHC 1405 (Ch) (14 May 2019)

EC Medica Group UK Ltd & Ors v Dearnley-Davison & Ors [2019] EWHC 1405 (Ch) (14 May 2019)

Mr Bennetts was the controlling mind and real party to the litigation, gave unsupported assurances regarding ability to pay costs, and orchestrated asset transfers to avoid satisfying costs orders; justice requires he be jointly and severally liable for 70% of the costs with the Claimants.

Citation
[2019] EWHC 1405 (Ch)
Parties
Claimant: EC Medica Group UK Limited; Claimant: EC Medica Manufacturing Limited; Claimant: Medical Devices Limited; Claimant: EU Authorised Representative Services Limited; Defendant: Christopher Dearnley-Davison; Defendant: Christopher Garrett; Defendant: Saul Berman; Defendant: CS Medical Limited; Part 20 Defendant: Paul Shane Bennetts
Jurisdiction
England and Wales
Judgment Date
14 May 2019
Procedural Posture
High Court Civil Litigation / Post Trial Costs Application
Outcome
Application granted
Legal Topics
Non Party Costs Orders, Director Liability, Asset Divestiture, Liquidation, Security for Costs
Civil Procedure Company Law Non Party Costs Orders Director Liability Asset Divestiture Liquidation Security for Costs

Case Brief

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Parties

EC Medica Group UK Limited

Claimant

EC Medica Manufacturing Limited

Claimant

Medical Devices Limited

Claimant

EU Authorised Representative Services Limited

Claimant

Christopher Dearnley-Davison

Defendant

Christopher Garrett

Defendant

Saul Berman

Defendant

CS Medical Limited

Defendant

Paul Shane Bennetts

Part 20 Defendant

Procedural Posture

High Court Civil Litigation / Post Trial Costs Application

Legal Issues

  1. 1 Whether Mr Bennetts should be jointly and severally liable with the Claimants for 70% of the costs of the claim
  2. 2 Whether asset transfers and misleading evidence justify a non-party costs order

Ratio Decidendi

Mr Bennetts was the controlling mind and real party to the litigation, gave unsupported assurances regarding ability to pay costs, and orchestrated asset transfers to avoid satisfying costs orders; justice requires he be jointly and severally liable for 70% of the costs with the Claimants.

Court Disposition

Application granted

Orders

  • Mr Bennetts to be jointly and severally liable with the Claimants for 70% of the costs of the claim