Bernard Jacob Carl v John Hawkins & Ors

Bernard Jacob Carl v John Hawkins & Ors

Mr Carl is entitled to costs against all defendants except Mr Limbani and Mrs Edwards, with costs to be assessed by a costs judge. No payment on account of costs is ordered due to uncertainty in quantum. Mr Carl is entitled to compound interest at 1% above the Bank of England base rate, not a higher rate reflecting his refinancing costs. The contractual interest covenant in the Bill of Sale remains enforceable despite the release of the security interest. No sanctions are imposed for pre-action protocol non-compliance as it was reasonable and proportionate not to send a pre-action letter in the circumstances. No indemnity costs are awarded as the conduct of the defendants did not reach...

Parties
Claimant: Mr Bernard Jacob Carl; Defendant: Mr John Hawkins; Defendant: Specialist Cars of Maldon Limited; Defendant: Mr Richard Edwards; Defendant: Mr Andrew Howarth; Defendant: Mrs Lorna Edwards; Defendant: Mr Graeme Scholes; Defendant: Left Hand Drive Limited; Defendant: Mr Christopher Williams; Defendant: Mr Vikash Limbani; Defendant: Mr Scott Davis; Defendant: Mr Simon Greenwood; Defendant: Mansa Limited; Defendant: Pescara International Limited
Jurisdiction
England and Wales
Judgment Date
05 July 2025
Procedural Posture
Civil / Post Trial Judgment on Consequential Issues, Costs, and Interest
Outcome
Costs assessed; interest and accounting remedies granted; no indemnity costs; no sanctions for pre-action protocol breaches; specific delivery up order granted.
Legal Topics
Costs Assessment, Knowing Receipt, Dishonest Assistance, Pre Action Protocol Compliance, Compound Interest, Bills of Sale, Indemnity Costs, Ownership of Chattels
Civil Procedure Trusts and Equity Contract Law Bankruptcy Costs Assessment Knowing Receipt Dishonest Assistance Pre Action Protocol Compliance +4 more

Case Brief

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Parties

Mr Bernard Jacob Carl

Claimant

Mr John Hawkins

Defendant

Specialist Cars of Maldon Limited

Defendant

Mr Richard Edwards

Defendant

Mr Andrew Howarth

Defendant

Mrs Lorna Edwards

Defendant

Mr Graeme Scholes

Defendant

Left Hand Drive Limited

Defendant

Mr Christopher Williams

Defendant

Mr Vikash Limbani

Defendant

Mr Scott Davis

Defendant

Mr Simon Greenwood

Defendant

Mansa Limited

Defendant

Pescara International Limited

Defendant

Procedural Posture

Civil / Post Trial Judgment on Consequential Issues, Costs, and Interest

Legal Issues

  1. 1 Entitlement to costs and assessment method
  2. 2 Entitlement to interest and applicable rate
  3. 3 Validity and effect of Bill of Sale and contractual interest

Ratio Decidendi

Mr Carl is entitled to costs against all defendants except Mr Limbani and Mrs Edwards, with costs to be assessed by a costs judge. No payment on account of costs is ordered due to uncertainty in quantum. Mr Carl is entitled to compound interest at 1% above the Bank of England base rate, not a higher rate reflecting his refinancing costs. The contractual interest covenant in the Bill of Sale remains enforceable despite the release of the security interest. No sanctions are imposed for pre-action protocol non-compliance as it was reasonable and proportionate not to send a pre-action letter in the circumstances. No indemnity costs are awarded as the conduct of the defendants did not reach...

Court Disposition

Costs assessed; interest and accounting remedies granted; no indemnity costs; no sanctions for pre-action protocol breaches; specific delivery up order granted.

Orders

  • Costs to be assessed by a costs judge; no payment on account ordered.
  • Mr Williams to account to Mr Carl for £190,000 received by knowing receipt, with compound interest at 1% above Bank of England base rate.