Allianz Global Investors GmbH & Others v G4S PLC
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 on costs was justified because the defendant succeeded on the key legal issue regarding the definition of PDMR and prompted clarification of the claimants' pleadings. The defendant was ordered to pay 50% of the claimants' costs of the application, to be assessed if not agreed.
- Parties
- Claimants: Allianz Global Investors GmbH & Others; Defendant: G4S PLC
- Jurisdiction
- England and Wales
- Judgment Date
- 05 July 2022
- Procedural Posture
- Civil (commercial) / Costs Determination Following Strike Out/summary Judgment Application
- Outcome
- Defendant to pay 50% of the claimants' costs of the application, to be assessed if not agreed. Defendant to make a payment on account of £97,000.
- Legal Topics
- Costs, Summary Judgment, Strike Out Applications, Interpretation of PDMR Under FSMA
Case Brief
Summary, issues, holding and outcome
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Parties
Allianz Global Investors GmbH & Others
Claimants
G4S PLC
Defendant
Procedural Posture
Civil (commercial) / Costs Determination Following Strike Out/summary Judgment Application
Legal Issues
- 1 Who is the successful party for costs purposes after a partially successful strike out/summary judgment application?
- 2 Should there be a departure from the general rule that costs follow the event?
- 3 What proportion of costs should be awarded given the outcome on the main issues?
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 on costs was justified because the defendant succeeded on the key legal issue regarding the definition of PDMR and prompted clarification of the claimants' pleadings. The defendant was ordered to pay 50% of the claimants' costs of the application, to be assessed if not agreed.
Court Disposition
Defendant to pay 50% of the claimants' costs of the application, to be assessed if not agreed. Defendant to make a payment on account of £97,000.
Orders
- Defendant to pay 50% of the claimants' costs of the application, to be assessed if not agreed.
- Defendant to make a payment on account of £97,000.
Full Case Text
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