Friend v Friend Media Technology Systems Ltd (Rev1) [2026] EWHC 1056 (KB) (06 May 2026)

Friend v Friend Media Technology Systems Ltd (Rev1) [2026] EWHC 1056 (KB) (06 May 2026)

The Defendant was the overall successful party on the summary judgment application, but its success was not complete due to the Claimant's partial success on a key issue of contractual construction. The appropriate order is for the Claimant to pay the Defendant's costs of the application, subject to a 40% reduction to reflect the mixed outcome and the need for proportionality in costs.

Citation
[2026] EWHC 1056 (KB)
Parties
Claimant: Jonathan Friend; Defendant: Friend Media Technology Systems Limited
Jurisdiction
England and Wales
Judgment Date
06 May 2026
Procedural Posture
Commercial Contractual Dispute (summary Judgment Application) / Consequential Judgment on Costs Following Summary Judgment Application
Outcome
Claimant to pay Defendant's costs of the summary judgment application, assessed at £89,400, to be paid within 14 days.
Legal Topics
Summary Judgment, Costs Orders, Contractual Indemnity, Interpretation of Contractual Clauses
Commercial Law Contract Law Civil Procedure Summary Judgment Costs Orders Contractual Indemnity Interpretation of Contractual Clauses

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Jonathan Friend

Claimant

Friend Media Technology Systems Limited

Defendant

Procedural Posture

Commercial Contractual Dispute (summary Judgment Application) / Consequential Judgment on Costs Following Summary Judgment Application

Legal Issues

  1. 1 Whether Clause 19.4 of the Investment Agreement entitles the Claimant to recover litigation costs under an indemnity
  2. 2 Appropriate costs order following mixed outcome on summary judgment application

Ratio Decidendi

The Defendant was the overall successful party on the summary judgment application, but its success was not complete due to the Claimant's partial success on a key issue of contractual construction. The appropriate order is for the Claimant to pay the Defendant's costs of the application, subject to a 40% reduction to reflect the mixed outcome and the need for proportionality in costs.

Court Disposition

Claimant to pay Defendant's costs of the summary judgment application, assessed at £89,400, to be paid within 14 days.

Orders

  • Claimant to pay Defendant's costs of the application in the sum of £89,400 within 14 days.
  • Order otherwise in terms of the draft order submitted by the Defendant.