M5 Associates Limited v Simon Nevill Wetton & Anor

M5 Associates Limited v Simon Nevill Wetton & Anor

Claimant entitled to costs up to and including default judgment on standard basis; claimant to pay Mr Watkins' costs up to and including first hearing on standard basis; Mr Watkins to pay costs of second disclosure application and redetermination relating to him on standard basis due to disclosure failures and inaccurate evidence, but not on indemnity basis as no dishonesty found; no change to interest rate or period absent appeal or timely application to set aside.

Parties
Claimant: M5 Associates Limited; First Defendant: Simon Nevill Wetton; Second Defendant: Phillip Watkins
Jurisdiction
England and Wales
Judgment Date
02 June 2026
Procedural Posture
Commercial Claim / Post Judgment Costs and Consequential Matters
Outcome
Costs orders made as specified; parties to file agreed draft order within 14 days.
Legal Topics
Costs, Guarantee, Fraud, Negligence, Disclosure, Interest
Contract Law Commercial Litigation Costs Guarantee Fraud Negligence Disclosure Interest

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Parties

M5 Associates Limited

Claimant

Simon Nevill Wetton

First Defendant

Phillip Watkins

Second Defendant

Procedural Posture

Commercial Claim / Post Judgment Costs and Consequential Matters

Legal Issues

  1. 1 Entitlement to costs under deed of guarantee
  2. 2 Whether claimant succeeded in lifting liability cap
  3. 3 Appropriate basis for costs orders

Ratio Decidendi

Claimant entitled to costs up to and including default judgment on standard basis; claimant to pay Mr Watkins' costs up to and including first hearing on standard basis; Mr Watkins to pay costs of second disclosure application and redetermination relating to him on standard basis due to disclosure failures and inaccurate evidence, but not on indemnity basis as no dishonesty found; no change to interest rate or period absent appeal or timely application to set aside.

Court Disposition

Costs orders made as specified; parties to file agreed draft order within 14 days.

Orders

  • Mr Watkins to pay claimant's costs up to and including default judgment in June 2024 on standard basis.
  • Claimant to pay Mr Watkins' costs up to and including first hearing on standard basis.