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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Permission to appeal on Knowing Receipt, Saudi Arabian Law, and Valuation issues
- 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.
Full Case Text
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