Allianz Global Investors GmbH & Ors v G4S Plc [2022] EWHC 1719 (Ch) (05 July 2022)

Allianz Global Investors GmbH & Ors v G4S Plc [2022] EWHC 1719 (Ch) (05 July 2022)

The claimants were the successful party as the application to strike out or for summary judgment was dismissed, but a departure from the general rule is justified because the defendant succeeded on a significant legal issue and prompted necessary clarification of the claimants' pleadings; therefore, the defendant...

Source-derived case information.

Citation
[2022] EWHC 1719 (Ch)
Parties
Claimants: Allianz Global Investors GmbH & Others; Defendant: G4S PLC
Jurisdiction
England and Wales
Judgment Date
05 July 2022
Procedural Posture
Costs Determination Following Strike Out/summary Judgment Application / Post Application, Costs Order
Outcome
Defendant to pay 50% of the claimants' costs of the application, to be assessed if not agreed; interim payment on account ordered.
Legal Topics
Costs, Summary Judgment, Strike Out, Directors' Duties, Market Abuse
Civil Procedure Financial Regulation Costs Summary Judgment Strike Out Directors' Duties Market Abuse

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Parties

Allianz Global Investors GmbH & Others

Claimants

G4S PLC

Defendant

Procedural Posture

Costs Determination Following Strike Out/summary Judgment Application / Post Application, Costs Order

Legal Issues

  1. 1 Who is the successful party for the purposes of costs?
  2. 2 Should there be a departure from the general rule that costs follow the event?
  3. 3 What proportion of costs should be awarded given partial success?

Ratio Decidendi

The claimants were the successful party as the application to strike out or for summary judgment was dismissed, but a departure from the general rule is justified because the defendant succeeded on a significant legal issue and prompted necessary clarification of the claimants' pleadings; therefore, the defendant should pay 50% of the claimants' costs of the application.

Court Disposition

Defendant to pay 50% of the claimants' costs of the application, to be assessed if not agreed; interim payment on account ordered.

Orders

  • Defendant to pay 50% of claimants' costs of the application, to be assessed if not agreed.
  • Defendant to make a payment on account of £97,000.