Forstater & Anor v Python (Monty) Pictures Ltd & Anor [2013] EWHC 3759 (Ch) (29 November 2013)

Forstater & Anor v Python (Monty) Pictures Ltd & Anor [2013] EWHC 3759 (Ch) (29 November 2013)

MFPL is entitled to recover 52.5% of its costs from PMP from 23 April 2012 on the standard basis, subject to assessment; PMP is entitled to costs for discontinued 'brand recognition' and 'intellectual property' claims from Mr Forstater and MFPL; Freeway is entitled to costs from Mr Forstater and MFPL, assessed on standard basis to 5 September 2012 and indemnity basis thereafter; MFPL granted relief from sanction to recover success fee as additional liability from 19 July 2012; interim payments ordered for MFPL (£133,000), Freeway (£190,000), and MFPL's account against PMP (£192,000); Freeway entitled to indemnity from trust assets for unrecovered costs.

Citation
[2013] EWHC 3759 (Ch)
Parties
Claimant: Mark Forstater; Claimant: Mark Forstater Productions Limited; Defendant: Python (Monty) Pictures Ltd; Defendant: Freeway Cam (UK) Ltd
Jurisdiction
England and Wales
Judgment Date
29 November 2013
Procedural Posture
Multi Party Civil Action (chancery Division) / Post Trial Costs Judgment
Outcome
Costs allocated as specified; interim payments ordered; relief from sanction granted; trustee indemnity ordered.
Legal Topics
Costs, Conditional Fee Agreements, Pre Action Protocol, Indemnity Costs, Interim Payments, Trustee Indemnity
Civil Procedure Contract Law Trusts Costs Conditional Fee Agreements Pre Action Protocol Indemnity Costs Interim Payments +1 more

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Parties

Mark Forstater

Claimant

Mark Forstater Productions Limited

Claimant

Python (Monty) Pictures Ltd

Defendant

Freeway Cam (UK) Ltd

Defendant

Procedural Posture

Multi Party Civil Action (chancery Division) / Post Trial Costs Judgment

Legal Issues

  1. 1 Allocation of costs between parties
  2. 2 Recovery of costs under conditional fee agreements
  3. 3 Assessment of costs on standard or indemnity basis

Ratio Decidendi

MFPL is entitled to recover 52.5% of its costs from PMP from 23 April 2012 on the standard basis, subject to assessment; PMP is entitled to costs for discontinued 'brand recognition' and 'intellectual property' claims from Mr Forstater and MFPL; Freeway is entitled to costs from Mr Forstater and MFPL, assessed on standard basis to 5 September 2012 and indemnity basis thereafter; MFPL granted relief from sanction to recover success fee as additional liability from 19 July 2012; interim payments ordered for MFPL (£133,000), Freeway (£190,000), and MFPL's account against PMP (£192,000); Freeway entitled to indemnity from trust assets for unrecovered costs.

Court Disposition

Costs allocated as specified; interim payments ordered; relief from sanction granted; trustee indemnity ordered.

Orders

  • PMP to pay 52.5% of MFPL's costs from 23 April 2012, assessed on standard basis.
  • MFPL to pay PMP's costs for discontinued 'brand recognition' and 'intellectual property' claims.