DPM Property Services Ltd & Ors v Kiani & Ors

DPM Property Services Ltd & Ors v Kiani & Ors

The court held that, even though Mr Cooper is likely to obtain judgment for a substantial sum, the need to preserve Woodlands' assets to meet its potential indemnity obligations to Mrs Kiani justifies limiting the interim payment to £90,000. The court exercised its discretion to avoid prejudicing Mrs Kiani's position in the derivative claim.

Parties
Claimant: DPM Property Services Ltd; Claimant: Dean Cooper; Claimant: Vanessa Cooper; Defendant: Mustafa Kiani; Defendant: Lynda Alexia Kiani; Defendant: Woodlands Properties (2006) Ltd
Jurisdiction
England and Wales
Judgment Date
23 July 2012
Procedural Posture
Civil / Application for Interim Payment
Outcome
Application for interim payment allowed in part
Legal Topics
Interim Payments, Derivative Claims, Directors' Duties, Joint Ventures, Costs Indemnity
Civil Procedure Company Law Interim Payments Derivative Claims Directors' Duties Joint Ventures Costs Indemnity

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

Parties

DPM Property Services Ltd

Claimant

Dean Cooper

Claimant

Vanessa Cooper

Claimant

Mustafa Kiani

Defendant

Lynda Alexia Kiani

Defendant

Woodlands Properties (2006) Ltd

Defendant

Procedural Posture

Civil / Application for Interim Payment

Legal Issues

  1. 1 Whether Mr Cooper is entitled to an interim payment from Woodlands Properties (2006) Ltd
  2. 2 Whether Woodlands' obligation to indemnify Mrs Kiani for costs is a relevant set-off or counterclaim under CPR 25.7(5)
  3. 3 Quantum of interim payment, if any, to be ordered

Ratio Decidendi

The court held that, even though Mr Cooper is likely to obtain judgment for a substantial sum, the need to preserve Woodlands' assets to meet its potential indemnity obligations to Mrs Kiani justifies limiting the interim payment to £90,000. The court exercised its discretion to avoid prejudicing Mrs Kiani's position in the derivative claim.

Court Disposition

Application for interim payment allowed in part

Orders

  • Woodlands Properties (2006) Ltd to pay £90,000 to Mr Cooper's solicitors within 21 days
  • If parties cannot agree on form of relief or costs, the court will hear counsel or accept written submissions not exceeding three pages