Grenda Investments Ltd v Barton [2017] EWHC 2372 (Comm) (20 September 2017)

Grenda Investments Ltd v Barton [2017] EWHC 2372 (Comm) (20 September 2017)

The defendant's strike-out application failed and is now concluded, so the defendant must pay the claimant's costs of that application. The claimant's summary judgment application failed, but as the issues will be revisited at trial, the defendant is awarded 'costs in case' for that application, meaning he will recover those costs only if ultimately successful at trial.

Citation
[2017] EWHC 2372 (Comm)
Parties
Claimant: Grenda Investments Limited; Defendant: Philip Barton
Jurisdiction
England and Wales
Judgment Date
20 September 2017
Procedural Posture
Commercial Court Proceedings / Post Interlocutory Applications; Costs Ruling After Strike Out and Summary Judgment Applications
Outcome
Costs orders made: defendant to pay claimant's costs of strike-out application; defendant awarded 'costs in case' for summary judgment application.
Legal Topics
Costs, Strike Out Applications, Summary Judgment, Abuse of Process
Civil Procedure Commercial Law Costs Strike Out Applications Summary Judgment Abuse of Process

Case Brief

Summary, issues, holding and outcome

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Parties

Grenda Investments Limited

Claimant

Philip Barton

Defendant

Procedural Posture

Commercial Court Proceedings / Post Interlocutory Applications; Costs Ruling After Strike Out and Summary Judgment Applications

Legal Issues

  1. 1 Whether the defendant's application to strike out the proceedings as an abuse of process should result in a costs order against the claimant
  2. 2 Whether the claimant's unsuccessful application for summary judgment should result in a costs order against the claimant

Ratio Decidendi

The defendant's strike-out application failed and is now concluded, so the defendant must pay the claimant's costs of that application. The claimant's summary judgment application failed, but as the issues will be revisited at trial, the defendant is awarded 'costs in case' for that application, meaning he will recover those costs only if ultimately successful at trial.

Court Disposition

Costs orders made: defendant to pay claimant's costs of strike-out application; defendant awarded 'costs in case' for summary judgment application.

Orders

  • Defendant to pay claimant's costs of the strike-out application.
  • Defendant awarded 'costs in case' for the summary judgment application.