Byers & Ors v Samba Financial Group [2021] EWHC 230 (Ch) (15 January 2021)

Byers & Ors v Samba Financial Group [2021] EWHC 230 (Ch) (15 January 2021)

Permission to appeal refused on Saudi Arabian Law and Valuation issues due to lack of realistic prospect of success; Samba awarded costs of 2017 action excluding costs incurred in connection with disclosure and preparation of witness statements, with interim payment calculated by applying reductions to various categories of costs.

Citation
[2021] EWHC 230 (Ch)
Parties
Claimant: Mark Byers; Claimant: Hugh Dickson; Claimant: Saad Investments Company Limited (In liquidation); Defendant: Samba Financial Group
Jurisdiction
England and Wales
Judgment Date
15 January 2021
Procedural Posture
Commercial Litigation / Post Trial Costs and Permission to Appeal
Outcome
Permission to appeal refused on Saudi Arabian Law and Valuation issues; costs awarded to Samba with exclusions and interim payment ordered.
Legal Topics
Knowing Receipt, Saudi Arabian Law, Valuation, Disclosure, Costs

Case Brief

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Parties

Mark Byers

Claimant

Hugh Dickson

Claimant

Saad Investments Company Limited (In liquidation)

Claimant

Samba Financial Group

Defendant

Procedural Posture

Commercial Litigation / Post Trial Costs and Permission to Appeal

  1. 1 Permission to appeal on Knowing Receipt, Saudi Arabian Law, and Valuation issues
  2. 2 Entitlement to costs for disclosure, pleadings, case management, witness statements, expert evidence, and other litigation stages

Ratio Decidendi

Permission to appeal refused on Saudi Arabian Law and Valuation issues due to lack of realistic prospect of success; Samba awarded costs of 2017 action excluding costs incurred in connection with disclosure and preparation of witness statements, with interim payment calculated by applying reductions to various categories of costs.

Court Disposition

Permission to appeal refused on Saudi Arabian Law and Valuation issues; costs awarded to Samba with exclusions and interim payment ordered.

Orders

  • Samba awarded costs of 2017 action to be assessed on standard basis, excluding costs incurred in connection with disclosure and preparation of witness statements.
  • Interim payment ordered with reductions applied to various categories of costs as specified in judgment.