Byers & Ors v Samba Financial Group

Byers & Ors v Samba Financial Group

Permission to appeal refused on Saudi Arabian law and valuation issues as there was no realistic prospect of success; permission granted only on knowing receipt issue. Defendant entitled to costs of the action except for costs relating to its own disclosure exercise and preparation of factual witness statements, as these related to issues not tried due to defendant's default. Payment on account of costs ordered, with reductions applied to various categories to reflect reasonableness and likelihood of recovery on detailed assessment.

Parties
Claimant: Mark Byers; Claimant: Hugh Dickson; Claimant: Saad Investments Company Limited; Defendant: Samba Financial Group
Jurisdiction
England and Wales
Judgment Date
15 January 2021
Procedural Posture
Commercial/civil Litigation / Post Trial, Costs and Permission to Appeal
Outcome
Permission to appeal refused except on knowing receipt issue; costs awarded to defendant with specified exclusions; payment on account of costs ordered.
Legal Topics
Costs, Disclosure, Permission to Appeal, Knowing Receipt, Valuation, Foreign Law (saudi Arabian Law)
Civil Procedure Commercial Law Costs Disclosure Permission to Appeal Knowing Receipt Valuation Foreign Law (saudi Arabian Law)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 16
Sign in to unlock

Parties

Mark Byers

Claimant

Hugh Dickson

Claimant

Saad Investments Company Limited

Claimant

Samba Financial Group

Defendant

Procedural Posture

Commercial/civil Litigation / Post Trial, Costs and Permission to Appeal

Legal Issues

  1. 1 Whether permission to appeal should be granted on issues of knowing receipt, Saudi Arabian law, and valuation
  2. 2 Appropriate order for costs following trial and partial success
  3. 3 Recoverability of disclosure costs where disclosure was not given

Ratio Decidendi

Permission to appeal refused on Saudi Arabian law and valuation issues as there was no realistic prospect of success; permission granted only on knowing receipt issue. Defendant entitled to costs of the action except for costs relating to its own disclosure exercise and preparation of factual witness statements, as these related to issues not tried due to defendant's default. Payment on account of costs ordered, with reductions applied to various categories to reflect reasonableness and likelihood of recovery on detailed assessment.

Court Disposition

Permission to appeal refused except on knowing receipt issue; costs awarded to defendant with specified exclusions; payment on account of costs ordered.

Orders

  • Permission to appeal granted to claimants only on knowing receipt issue.
  • Permission to appeal refused on Saudi Arabian law and valuation issues.