Grenda Investments Ltd v Barton

Grenda Investments Ltd v Barton

Mr Barton must pay Grenda's costs of the failed strike-out application, as the abuse argument will not be revisited. For the failed summary judgment application, Mr Barton is awarded 'costs in case' as the issues will be determined at trial.

Parties
Claimant: Grenda Investments Limited; Defendant: Philip Barton
Jurisdiction
England and Wales
Judgment Date
20 September 2017
Procedural Posture
Commercial Court Application / Ruling on Costs After Applications for Strike Out and Summary Judgment
Outcome
Costs orders made on both applications
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 Application / Ruling on Costs After Applications for Strike Out and Summary Judgment

Legal Issues

  1. 1 Who should bear the costs of the failed strike-out application?
  2. 2 Who should bear the costs of the failed summary judgment application?

Ratio Decidendi

Mr Barton must pay Grenda's costs of the failed strike-out application, as the abuse argument will not be revisited. For the failed summary judgment application, Mr Barton is awarded 'costs in case' as the issues will be determined at trial.

Court Disposition

Costs orders made on both applications

Orders

  • Mr Barton to pay Grenda's costs of the strike-out application.
  • Mr Barton's costs of the summary judgment application to be 'costs in case'.