Black & Ors v Davies [2005] EWCA Civ 608 (06 May 2005)

Black & Ors v Davies [2005] EWCA Civ 608 (06 May 2005)

No order as to costs at trial due to findings of dishonest conduct and conflicting evidence; 60% of Mr Davies' costs to be paid by Black parties for appeal, reflecting partial success and preparation time; interest appeal dismissed with costs; issue of damages for freezing order remitted to High Court; permission to appeal to House of Lords refused.

Citation
[2005] EWCA Civ 608
Parties
Claimant/respondent: Herbert Black; Claimant/respondent: American Iron & Metal; Claimant/respondent: Lito Trade Incorporated; Defendant/appellant: Vivian John Davies
Jurisdiction
England and Wales
Judgment Date
06 May 2005
Procedural Posture
Civil Appeal / Judgment on Costs
Outcome
Costs at trial: no order; appeal: Black parties to pay 60% of Davies' costs; interest appeal dismissed with costs; freezing order damages assessment remitted; permission to appeal refused.
Legal Topics
Costs, Freezing Order, Appeal, Permission to Appeal
Civil Procedure Costs Freezing Order Appeal Permission to Appeal

Case Brief

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Parties

Herbert Black

Claimant/respondent

American Iron & Metal

Claimant/respondent

Lito Trade Incorporated

Claimant/respondent

Vivian John Davies

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Costs

Legal Issues

  1. 1 Appropriate order for costs at trial and on appeal
  2. 2 Costs relating to interest appeal
  3. 3 Assessment of damages for freezing order

Ratio Decidendi

No order as to costs at trial due to findings of dishonest conduct and conflicting evidence; 60% of Mr Davies' costs to be paid by Black parties for appeal, reflecting partial success and preparation time; interest appeal dismissed with costs; issue of damages for freezing order remitted to High Court; permission to appeal to House of Lords refused.

Court Disposition

Costs at trial: no order; appeal: Black parties to pay 60% of Davies' costs; interest appeal dismissed with costs; freezing order damages assessment remitted; permission to appeal refused.

Orders

  • No order as to costs for trial.
  • Black parties to pay 60% of Mr Davies' costs for appeal.