Bilta (UK) Ltd & Ors v SVS Securities PLC & Ors (Consequential Matters) [2022] EWHC 1431 (Ch) (08 June 2022)

Bilta (UK) Ltd & Ors v SVS Securities PLC & Ors (Consequential Matters) [2022] EWHC 1431 (Ch) (08 June 2022)

Where a settlement leaves key liability issues unresolved and the court cannot determine the outcome, no order as to costs should be made for those issues; costs for adjournments caused by a party may be awarded on a broad-brush basis; for issues determined at trial, each party should have their own costs on the issues they won, subject to detailed assessment.

Citation
[2022] EWHC 1431 (Ch)
Parties
Claimant: BILTA (UK) LIMITED (in liquidation) AND OTHERS; Defendant: SVS SECURITIES plc; Defendant: KULVIR SINGH VIRK; Defendant: SIMON FOX; Defendant: DEUTSCHE BANK AG; Defendant: TRADITION FINANCIAL SERVICES LIMITED
Jurisdiction
England and Wales
Judgment Date
08 June 2022
Procedural Posture
Financial List (ch D) / Post Judgment Consequential Hearing on Costs and Permissions
Outcome
No order as to costs for pre-settlement liability issues except 7.5% of claimants' pre-settlement costs recoverable from TFS for adjournments; each party to bear own costs on issues they won post-settlement; TFS to recover 50% of costs of the consequentials hearing from claimants; permission to appeal granted on...
Legal Topics
Costs, Limitation, Section 213 Insolvency Act 1986, Section 1032 Companies Act 2006, Settlement, Permission to Appeal
Civil Procedure Insolvency Company Law Costs Limitation Section 213 Insolvency Act 1986 Section 1032 Companies Act 2006 Settlement +1 more

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Parties

BILTA (UK) LIMITED (in liquidation) AND OTHERS

Claimant

SVS SECURITIES plc

Defendant

KULVIR SINGH VIRK

Defendant

SIMON FOX

Defendant

DEUTSCHE BANK AG

Defendant

TRADITION FINANCIAL SERVICES LIMITED

Defendant

Procedural Posture

Financial List (ch D) / Post Judgment Consequential Hearing on Costs and Permissions

Legal Issues

  1. 1 Appropriate order for costs following partial settlement and trial of remaining issues
  2. 2 Whether 'costs follow the event' applies where settlement leaves issues unresolved
  3. 3 Entitlement to costs for adjournments caused by defendant

Ratio Decidendi

Where a settlement leaves key liability issues unresolved and the court cannot determine the outcome, no order as to costs should be made for those issues; costs for adjournments caused by a party may be awarded on a broad-brush basis; for issues determined at trial, each party should have their own costs on the issues they won, subject to detailed assessment.

Court Disposition

No order as to costs for pre-settlement liability issues except 7.5% of claimants' pre-settlement costs recoverable from TFS for adjournments; each party to bear own costs on issues they won post-settlement; TFS to recover 50% of costs of the consequentials hearing from claimants; permission to appeal granted on...

Orders

  • No order as to costs for pre-settlement liability issues except 7.5% of claimants' pre-settlement costs recoverable from TFS for adjournments
  • Each party to bear own costs on issues they won post-settlement, subject to detailed assessment