EC Medica Group UK Ltd & Ors v Dearnley-Davison & Ors

EC Medica Group UK Ltd & Ors v Dearnley-Davison & Ors

Mr Bennetts was the controlling mind and real party to the litigation, orchestrated the transfer of assets to avoid paying the costs order, and provided misleading evidence regarding the Claimants’ ability to pay. It is just and appropriate that he be jointly and severally liable for 70% of the costs of the claim with the Claimants.

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
Civil Costs Application / Post Trial Application for Non Party Costs Order
Outcome
Application granted
Legal Topics
Non Party Costs Orders, Director Liability for Costs, Divestiture of Assets, Security for Costs
Civil Procedure Company Law Non Party Costs Orders Director Liability for Costs Divestiture of Assets Security for Costs

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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

Civil Costs Application / Post Trial Application for Non Party Costs Order

Legal Issues

  1. 1 Whether Mr Bennetts should be jointly and severally liable with the Claimants for 70% of the costs of the claim as a non-party under section 51 of the Senior Courts Act 1981

Ratio Decidendi

Mr Bennetts was the controlling mind and real party to the litigation, orchestrated the transfer of assets to avoid paying the costs order, and provided misleading evidence regarding the Claimants’ ability to pay. It is just and appropriate that he be jointly and severally liable for 70% of the costs of the claim with the Claimants.

Court Disposition

Application granted

Orders

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