Forstater & Anor v Python (Monty) Pictures Ltd & Anor

Forstater & Anor v Python (Monty) Pictures Ltd & Anor

Costs were apportioned based on relative success on issues: MFPL entitled to 52.5% of its costs from 23 April 2012, with PMP paying that proportion; PMP entitled to costs of discontinued and failed claims; Freeway awarded costs against Mr Forstater and MFPL, on standard basis to 5 September 2012 and indemnity basis thereafter, due to failure to follow pre-action protocol and disproportionate conduct. Relief from sanction granted to MFPL to recover success fee from 19 July 2012. Interim payments ordered for both costs and judgment sums. Freeway entitled to indemnity from trust assets for unrecovered costs.

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
Civil / Post Trial Costs Ruling
Outcome
Costs apportioned among parties; interim payments ordered; relief from sanction granted in part; trustee indemnity granted.
Legal Topics
Costs, Conditional Fee Agreements, Pre Action Protocol, Indemnity Costs, Interest on Costs, Interim Payments, Trustee Indemnity
Civil Procedure Contract Law Trusts Costs Conditional Fee Agreements Pre Action Protocol Indemnity Costs Interest on Costs +2 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

Civil / Post Trial Costs Ruling

Legal Issues

  1. 1 Entitlement and apportionment of costs among multiple parties in a multi-issue action
  2. 2 Basis for assessment of costs (standard or indemnity)
  3. 3 Recovery of additional liabilities (success fees) under conditional fee agreements

Ratio Decidendi

Costs were apportioned based on relative success on issues: MFPL entitled to 52.5% of its costs from 23 April 2012, with PMP paying that proportion; PMP entitled to costs of discontinued and failed claims; Freeway awarded costs against Mr Forstater and MFPL, on standard basis to 5 September 2012 and indemnity basis thereafter, due to failure to follow pre-action protocol and disproportionate conduct. Relief from sanction granted to MFPL to recover success fee from 19 July 2012. Interim payments ordered for both costs and judgment sums. Freeway entitled to indemnity from trust assets for unrecovered costs.

Court Disposition

Costs apportioned among parties; interim payments ordered; relief from sanction granted in part; trustee indemnity granted.

Orders

  • PMP to pay 52.5% of MFPL's costs incurred from 23 April 2012, assessed on standard basis, with interim payment of £133,000 due 20 December 2013.
  • MFPL entitled to recover additional liability (success fee) from 19 July 2012.