Hone & Ors v Abbey Forwarding & Anor

Hone & Ors v Abbey Forwarding & Anor

The court determined the final judgment sum, set interest at 3%, ordered Respondents to pay 25% of Appellants’ High Court costs, made no order for costs in the Court of Appeal, and fixed an interim payment on account of costs at £100,000, balancing the conduct and claims of both parties.

Parties
Appellant: Richard John Hone; Appellant: Patrick Daniel Owen; Appellant: William James Owen; Respondent: Abbey Forwarding (In Liquidation); Respondent: Her Majesty’s Revenue and Customs
Jurisdiction
England and Wales
Judgment Date
02 July 2014
Procedural Posture
Civil Appeal / Post Judgment Consequential Matters
Outcome
Appeal allowed; cross appeal dismissed.
Legal Topics
Cross Undertaking in Damages, Interest Calculation, Costs Assessment, Issues Based Costs Orders
Civil Procedure Damages Costs Cross Undertaking in Damages Interest Calculation Costs Assessment Issues Based Costs Orders

Case Brief

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Parties

Richard John Hone

Appellant

Patrick Daniel Owen

Appellant

William James Owen

Appellant

Abbey Forwarding (In Liquidation)

Respondent

Her Majesty’s Revenue and Customs

Respondent

Procedural Posture

Civil Appeal / Post Judgment Consequential Matters

Legal Issues

  1. 1 Determination of final judgment sum
  2. 2 Appropriate rate and calculation of interest
  3. 3 Assessment and allocation of costs in High Court and Appeal

Ratio Decidendi

The court determined the final judgment sum, set interest at 3%, ordered Respondents to pay 25% of Appellants’ High Court costs, made no order for costs in the Court of Appeal, and fixed an interim payment on account of costs at £100,000, balancing the conduct and claims of both parties.

Court Disposition

Appeal allowed; cross appeal dismissed.

Orders

  • Final judgment sum of £57,763.31 in favour of Appellants.
  • Interest to be calculated at 3% on relevant sums.