DENAXE LIMITED v PAUL COOPER & Anor

DENAXE LIMITED v PAUL COOPER & Anor

Costs of the sale claim and abandoned peripheral claims to be paid by the claimant on an indemnity basis; 75% of defendants’ costs of the application to be paid by the claimant on an indemnity basis, with a 25% reduction to reflect partial success by the claimant on some arguments.

Parties
Claimant: Denaxe Limited; Defendant: Paul Cooper; Defendant: David Rubin
Jurisdiction
England and Wales
Judgment Date
19 May 2022
Procedural Posture
Civil / Post Strike Out Application Costs Ruling
Outcome
Costs ruling in favour of defendants with partial reduction.
Legal Topics
Strike Out, Abuse of Process, Indemnity Costs, Summary Judgment, Res Judicata
Civil Procedure Costs Strike Out 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 / Post Strike Out Application Costs Ruling

Legal Issues

  1. 1 Whether costs should be paid on an indemnity basis for the sale claim and abandoned peripheral claims
  2. 2 Appropriate basis and percentage for costs of the application
  3. 3 Entitlement to payment on account of costs

Ratio Decidendi

Costs of the sale claim and abandoned peripheral claims to be paid by the claimant on an indemnity basis; 75% of defendants’ costs of the application to be paid by the claimant on an indemnity basis, with a 25% reduction to reflect partial success by the claimant on some arguments.

Court Disposition

Costs ruling in favour of defendants with partial reduction.

Orders

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