Argus Media Ltd v Halim

Argus Media Ltd v Halim

Argus Media Limited was substantially successful and is entitled to 90% of its costs on the standard basis, not indemnity, as Dr Halim's conduct was not unreasonable to a high degree. The application for an interim payment on account of costs is adjourned due to uncertainties regarding Dr Halim's means and the ongoing nature of the proceedings. Directions for quantum and preservation of evidence are given.

Parties
Claimant: Argus Media Limited; Defendant: Mounir Halim
Jurisdiction
England and Wales
Judgment Date
07 February 2019
Procedural Posture
Employment / Post Trial, Costs and Consequential Applications
Outcome
Claimant awarded 90% of its costs on the standard basis; interim payment application adjourned; directions for quantum and preservation of evidence ordered.
Legal Topics
Restrictive Covenants, Costs, Injunctions, Confidential Information, Springboard Relief, Assessment of Costs, Interim Payments
Employment Law Civil Procedure Restrictive Covenants Costs Injunctions Confidential Information Springboard Relief Assessment of Costs +1 more

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Parties

Argus Media Limited

Claimant

Mounir Halim

Defendant

Procedural Posture

Employment / Post Trial, Costs and Consequential Applications

Legal Issues

  1. 1 Whether Clause 17.4 of the employment contract is void for restraint of trade
  2. 2 Entitlement to costs and basis of assessment (standard or indemnity)
  3. 3 Appropriateness of interim payment on account of costs

Ratio Decidendi

Argus Media Limited was substantially successful and is entitled to 90% of its costs on the standard basis, not indemnity, as Dr Halim's conduct was not unreasonable to a high degree. The application for an interim payment on account of costs is adjourned due to uncertainties regarding Dr Halim's means and the ongoing nature of the proceedings. Directions for quantum and preservation of evidence are given.

Court Disposition

Claimant awarded 90% of its costs on the standard basis; interim payment application adjourned; directions for quantum and preservation of evidence ordered.

Orders

  • Dr Halim to pay 90% of Argus's costs on the standard basis, including costs of the application before Mr Justice Andrew Baker.
  • Dr Halim to pay 60% of the costs of the reserved applications (disclosure, rejoinder, further information).