Interactive Technology Corporation Ltd v Ferster & Ors [2017] EWHC 1510 (Ch) (22 June 2017)

Interactive Technology Corporation Ltd v Ferster & Ors [2017] EWHC 1510 (Ch) (22 June 2017)

Given the existence of undisclosed Part 36 offers potentially relating to both decided and undecided issues, and in accordance with HSS Group plc v BMB Ltd and CPR 36.16, it is not appropriate to determine costs at this stage. The proper course is to reserve costs until all issues are resolved and the terms of the Part 36 offers can be considered.

Citation
[2017] EWHC 1510 (Ch)
Parties
Claimant: Interactive Technology Corporation Limited; Defendant: Jonathan Ferster; Defendant: World Online Software N.V.; Defendant: Carmel Media Group N.V.; Defendant: Data Traffic Solutions Limited; Defendant: Four Seasons Advertising Limited; Defendant: Four Seasons Media Limited; Defendant: Four Seasons Technology Limited; Defendant: Interactive Technology Corporation (Europe) Limited; Defendant: Lanesborough Investments Limited; Defendant: Lanesborough Media Limited; Defendant: Lanesborough Technology Limited; Defendant: Peaklink Limited; Defendant: Woodville Limited; Defendant: World Online Software Limited
Jurisdiction
England and Wales
Judgment Date
22 June 2017
Procedural Posture
Civil (chancery Division) / Post Trial, Costs Application Following Liability Judgment
Outcome
Costs reserved
Legal Topics
Costs, Part 36 Offers, Shareholder Disputes, Section 994 Companies Act 2006
Civil Procedure Company Law Costs Part 36 Offers Shareholder Disputes Section 994 Companies Act 2006

Case Brief

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Parties

Interactive Technology Corporation Limited

Claimant

Jonathan Ferster

Defendant

World Online Software N.V.

Defendant

Carmel Media Group N.V.

Defendant

Data Traffic Solutions Limited

Defendant

Four Seasons Advertising Limited

Defendant

Four Seasons Media Limited

Defendant

Four Seasons Technology Limited

Defendant

Interactive Technology Corporation (Europe) Limited

Defendant

Lanesborough Investments Limited

Defendant

Lanesborough Media Limited

Defendant

Lanesborough Technology Limited

Defendant

Peaklink Limited

Defendant

Woodville Limited

Defendant

World Online Software Limited

Defendant

Procedural Posture

Civil (chancery Division) / Post Trial, Costs Application Following Liability Judgment

Legal Issues

  1. 1 Whether the court should make an immediate order for costs in favour of ITC for the Liability Issues or reserve costs in light of outstanding Part 36 offers and unresolved issues

Ratio Decidendi

Given the existence of undisclosed Part 36 offers potentially relating to both decided and undecided issues, and in accordance with HSS Group plc v BMB Ltd and CPR 36.16, it is not appropriate to determine costs at this stage. The proper course is to reserve costs until all issues are resolved and the terms of the Part 36 offers can be considered.

Court Disposition

Costs reserved

Orders

  • The costs of ITC's claim for the Liability Issues are reserved.