Denaxe Ltd v Cooper & Anor [2022] EWHC 1257 (Ch) (19 May 2022)

Denaxe Ltd v Cooper & Anor [2022] EWHC 1257 (Ch) (19 May 2022)

Given the finding of abuse of process and the abandonment of substantial claims, costs of the sale claim and abandoned peripheral claims are to be paid by the claimant on an indemnity basis. For the application, a 25% reduction is appropriate due to partial success, and 75% of the defendants’ costs of the application are to be paid by the claimant on an indemnity basis. Payment on account is ordered at 75% of 60% of the application costs claimed.

Citation
[2022] EWHC 1257 (Ch)
Parties
Claimant: Denaxe Limited; Defendant: Paul Cooper; Defendant: David Rubin
Jurisdiction
England and Wales
Judgment Date
19 May 2022
Procedural Posture
Civil Costs Ruling / Post Strike Out Application, Costs Determination
Outcome
Costs order in favour of defendants, with indemnity basis for sale claim and abandoned peripheral claims, and 75% of application costs on indemnity basis subject to 25% reduction.
Legal Topics
Strike Out Applications, Abuse of Process, Indemnity Costs, Summary Judgment, Res Judicata
Civil Procedure Costs Strike Out Applications Abuse of Process Indemnity Costs Summary Judgment Res Judicata

Case Brief

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Parties

Denaxe Limited

Claimant

Paul Cooper

Defendant

David Rubin

Defendant

Procedural Posture

Civil Costs Ruling / Post Strike Out Application, Costs Determination

Legal Issues

  1. 1 Whether costs of the sale claim and abandoned peripheral claims should be paid on an indemnity basis
  2. 2 Whether a percentage reduction should be applied to the defendants’ costs of the application due to partial success
  3. 3 Appropriate basis and quantum for payment on account of costs

Ratio Decidendi

Given the finding of abuse of process and the abandonment of substantial claims, costs of the sale claim and abandoned peripheral claims are to be paid by the claimant on an indemnity basis. For the application, a 25% reduction is appropriate due to partial success, and 75% of the defendants’ costs of the application are to be paid by the claimant on an indemnity basis. Payment on account is ordered at 75% of 60% of the application costs claimed.

Court Disposition

Costs order in favour of defendants, with indemnity basis for sale claim and abandoned peripheral claims, and 75% of application costs on indemnity basis subject to 25% reduction.

Orders

  • Claimant to pay defendants’ costs of the sale claim and abandoned peripheral claims on an indemnity basis.
  • Claimant to pay 75% of the defendants’ costs of the application on an indemnity basis, with a 25% reduction.