Mahme Trust Reg & Ors v Lloyds TSB Bank Plc

Mahme Trust Reg & Ors v Lloyds TSB Bank Plc

Claimants failed to establish any justification for their claims, pursued litigation for collateral purposes, made serious and unsubstantiated allegations, and dropped most claims without explanation. The bank complied with accounting obligations under Swiss law. The circumstances justify an order for indemnity costs in favour of the bank.

Parties
Claimant: Mahme Trust Reg; Claimant: Dr Frank Zindel; Claimant: Dr Mario Zindel; Claimant: Kawther Awni Al Abood; Claimant: Mahmoud Shaker Al Abood; Defendant: Lloyds TSB Bank Plc
Jurisdiction
England and Wales
Judgment Date
14 July 2006
Procedural Posture
Civil / Costs Judgment After Trial
Outcome
Claimants to pay the bank's costs on an indemnity basis.
Legal Topics
Costs, Indemnity Costs, Accounting Obligations, Swiss Law, Settlement Agreements, Collateral Purpose, Unsubstantiated Allegations
Civil Procedure Trusts and Estates Banking Law Costs Indemnity Costs Accounting Obligations Swiss Law Settlement Agreements +2 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 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Mahme Trust Reg

Claimant

Dr Frank Zindel

Claimant

Dr Mario Zindel

Claimant

Kawther Awni Al Abood

Claimant

Mahmoud Shaker Al Abood

Claimant

Lloyds TSB Bank Plc

Defendant

Procedural Posture

Civil / Costs Judgment After Trial

Legal Issues

  1. 1 Whether claimants are entitled to any costs or relief against the bank
  2. 2 Whether bank is entitled to indemnity costs
  3. 3 Whether claimants' conduct justifies indemnity costs

Ratio Decidendi

Claimants failed to establish any justification for their claims, pursued litigation for collateral purposes, made serious and unsubstantiated allegations, and dropped most claims without explanation. The bank complied with accounting obligations under Swiss law. The circumstances justify an order for indemnity costs in favour of the bank.

Court Disposition

Claimants to pay the bank's costs on an indemnity basis.

Orders

  • Claimants to pay Lloyds TSB Bank Plc's costs of the proceedings on an indemnity basis.
  • Reserved costs orders to be costs in the case except for the bank's application of 22 July 2005, which is also costs in the case.