Graham Horn & Ors v Charles Joseph Knott & Ors

Graham Horn & Ors v Charles Joseph Knott & Ors

The appropriate level of contribution between parties jointly and severally liable for a costs order is to be determined under the court's procedural costs jurisdiction, not strictly by common law or statute, and may reflect the parties' roles, representation, and conduct in the litigation. In this case, contributions are allocated by group and role, not simply by number of parties.

Parties
Applicant: Graham Horn; Applicant: Anupe Dhorajiwala; Applicant: Rajen Shah; Respondent: Charles Joseph Knott; Respondent: James Edward Hoogewerf; Respondent: Michael Murphy; Respondent: Daniel Fletcher; Respondent: Jonathan Godson; Respondent: The Godson Consulting LLC 401K Plan; Respondent: The Lawler Noble 401K Plan; Respondent: The Idea Guy LLC 401K Plan; Respondent: The Watts Street Capital 401K Plan; Respondent: Eris Investments Limited; Respondent: Mankash Jain; Respondent: Oberix International Corporation; Respondent: Double Two Holdings Limited; Respondent: Double Two Investments Ltd
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil / Post Judgment Application for Contribution to Costs Orders
Outcome
Application for contribution allowed; contributions apportioned as specified.
Legal Topics
Contribution Between Joint and Several Debtors, Costs Orders, Civil Litigation Procedure
Civil Procedure Costs Contribution Between Joint and Several Debtors Costs Orders Civil Litigation Procedure

Case Brief

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Parties

Graham Horn

Applicant

Anupe Dhorajiwala

Applicant

Rajen Shah

Applicant

Charles Joseph Knott

Respondent

James Edward Hoogewerf

Respondent

Michael Murphy

Respondent

Daniel Fletcher

Respondent

Jonathan Godson

Respondent

The Godson Consulting LLC 401K Plan

Respondent

The Lawler Noble 401K Plan

Respondent

The Idea Guy LLC 401K Plan

Respondent

The Watts Street Capital 401K Plan

Respondent

Eris Investments Limited

Respondent

Mankash Jain

Respondent

Oberix International Corporation

Respondent

Double Two Holdings Limited

Respondent

Double Two Investments Ltd

Respondent

Procedural Posture

Civil / Post Judgment Application for Contribution to Costs Orders

Legal Issues

  1. 1 What is the proper basis and method for determining contribution between parties jointly and severally liable under a costs order?
  2. 2 Does the Civil Liability (Contribution) Act 1978 apply to costs orders not involving damages?
  3. 3 Should contribution be determined by number of parties, legal representation, or other factors?

Ratio Decidendi

The appropriate level of contribution between parties jointly and severally liable for a costs order is to be determined under the court's procedural costs jurisdiction, not strictly by common law or statute, and may reflect the parties' roles, representation, and conduct in the litigation. In this case, contributions are allocated by group and role, not simply by number of parties.

Court Disposition

Application for contribution allowed; contributions apportioned as specified.

Orders

  • Sanjay Shah Defendants to contribute 45.1% (first instance) and 44% (appeal) on a joint and several basis.
  • DWF Defendants to contribute 30% (first instance) and 28.33% (appeal) on a joint and several basis.