Dadourian Group International Inc & Ors v Simms & Ors [2007] EWHC 454 (Ch) (08 March 2007)

Dadourian Group International Inc & Ors v Simms & Ors [2007] EWHC 454 (Ch) (08 March 2007)

Damages for deceit are limited to costs of the arbitration and related litigation assessed on the standard basis, not indemnity or full claimed basis. Storage costs are not recoverable as damages due to lack of causation. Financing costs are only recoverable if allowed on a standard basis assessment. Interest is...

Source-derived case information.

Citation
[2007] EWHC 454 (Ch)
Parties
Claimant: Dadourian Group International Inc.; Claimant: Alex Dadourian; Claimant: Haig Dadourian; Defendant: Paul Simms; Defendant: Selim Rahman; Defendant: Jack Dadourian; Defendant: Helga Dadourian
Jurisdiction
England and Wales
Judgment Date
08 March 2007
Procedural Posture
Chancery Division Civil Claim / Post Trial Judgment on Damages, Costs, and Permission to Appeal
Outcome
Damages for deceit awarded to DGI limited to arbitration/litigation costs assessed on the standard basis, subject to assessment. Storage costs disallowed. Interest awarded from 11 March 2004 at 1% above base rate. Interim payment of £650,000 ordered. Costs of the action to be determined with reference to success and...
Legal Topics
Damages Assessment, Deceit, Costs as Damages, Corporate Veil, Misrepresentation, Causation and Remoteness, Interest on Damages
Civil Procedure Contract Law Tort Law Damages Assessment Deceit Costs as Damages Corporate Veil Misrepresentation +2 more

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Summary, issues, holding and outcome

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Parties

Dadourian Group International Inc.

Claimant

Alex Dadourian

Claimant

Haig Dadourian

Claimant

Paul Simms

Defendant

Selim Rahman

Defendant

Jack Dadourian

Defendant

Helga Dadourian

Defendant

Procedural Posture

Chancery Division Civil Claim / Post Trial Judgment on Damages, Costs, and Permission to Appeal

Legal Issues

  1. 1 Whether damages for deceit include litigation/arbitration costs and on what basis they are assessed
  2. 2 Whether storage and financing costs are recoverable as damages
  3. 3 Appropriate basis for assessment of costs claimed as damages

Ratio Decidendi

Damages for deceit are limited to costs of the arbitration and related litigation assessed on the standard basis, not indemnity or full claimed basis. Storage costs are not recoverable as damages due to lack of causation. Financing costs are only recoverable if allowed on a standard basis assessment. Interest is awarded on damages from the date of the arbitration award at 1% above base rate. An interim payment of £650,000 is ordered on account of damages and interest. Costs of the action are to be determined with reference to the degree of success and relevance of issues, with no indemnity costs awarded.

Court Disposition

Damages for deceit awarded to DGI limited to arbitration/litigation costs assessed on the standard basis, subject to assessment. Storage costs disallowed. Interest awarded from 11 March 2004 at 1% above base rate. Interim payment of £650,000 ordered. Costs of the action to be determined with reference to success and...

Orders

  • Damages to DGI for arbitration/litigation costs assessed on standard basis, subject to assessment or agreement.
  • Storage costs claim dismissed.