Ashley- Carter & Anor v Hofmann & Mountford Ltd & Ors

Ashley- Carter & Anor v Hofmann & Mountford Ltd & Ors

JB and CNR are jointly and severally liable for the entirety of GA-C's costs of the action on an indemnity basis due to their unreasonable, dishonest, and contemptuous conduct throughout the litigation, including contesting indefensible claims, engineering HML's liquidation to avoid liabilities, and failing to settle on reasonable terms. No binding settlement agreement was reached.

Parties
Claimant: Graham Charles Ashley-Carter; Claimant: Ashley-Carter Co. (A firm); Defendant: Hofmann & Mountford Limited; Defendant: James Brennan; Defendant: Christopher Nicholas Randall
Jurisdiction
England and Wales
Judgment Date
25 October 2010
Procedural Posture
Civil / Costs Application Following Judgment
Outcome
Costs awarded to GA-C against JB and CNR jointly and severally on an indemnity basis; judgment for damages and interest; summary assessment of costs ordered.
Legal Topics
Conversion, Consultancy Agreement, Share Purchase Agreement, Indemnity Costs, Non Party Costs Orders, Settlement Agreements, Director Duties, Liquidation
Commercial Law Company Law Contract Law Civil Procedure Conversion Consultancy Agreement Share Purchase Agreement Indemnity Costs +4 more

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 4 Authorities cited 5 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Graham Charles Ashley-Carter

Claimant

Ashley-Carter Co. (A firm)

Claimant

Hofmann & Mountford Limited

Defendant

James Brennan

Defendant

Christopher Nicholas Randall

Defendant

Procedural Posture

Civil / Costs Application Following Judgment

Legal Issues

  1. 1 Whether JB and CNR should pay the entirety of GA-C's costs on an indemnity basis
  2. 2 Whether JB and CNR are liable for costs as parties or non-parties
  3. 3 Whether a settlement agreement was reached

Ratio Decidendi

JB and CNR are jointly and severally liable for the entirety of GA-C's costs of the action on an indemnity basis due to their unreasonable, dishonest, and contemptuous conduct throughout the litigation, including contesting indefensible claims, engineering HML's liquidation to avoid liabilities, and failing to settle on reasonable terms. No binding settlement agreement was reached.

Court Disposition

Costs awarded to GA-C against JB and CNR jointly and severally on an indemnity basis; judgment for damages and interest; summary assessment of costs ordered.

Orders

  • JB and CNR to pay GA-C's costs of the entire action on an indemnity basis, assessed summarily.
  • JB and CNR to pay £10,000 damages for conversion of engine, with interest at 5% from date of payment.