UTB LLC v Sheffield United Ltd [2019] EWHC 2908 (Ch) (14 October 2019)

UTB LLC v Sheffield United Ltd [2019] EWHC 2908 (Ch) (14 October 2019)

UTB parties were successful in all claims and petitions; costs awarded to UTB after 29 April 2019 in full, and 60% of pre-29 April 2019 costs due to partial success by Sheffield United Limited. Indemnity costs awarded on the petition due to serious, unfounded bribery allegations and improper conduct by Sheffield United Limited.

Citation
[2019] EWHC 2908 (Ch)
Parties
Claimant: UTB LLC; Defendant/petitioner: Sheffield United Limited; Third Party: HRH Prince Abdullah Bin Mosaad Bin Abdulaziz Saud; Fourth Party: Yusuf Giansiracusa; Respondent: UTB 2018 LLC; Respondent: HRH Prince Musa'ad Bin Khalid M Bin Abdulrahman Al Saud; Respondent: Blades Leisure Limited
Jurisdiction
England and Wales
Judgment Date
14 October 2019
Procedural Posture
Company Law / Commercial Litigation / Post Trial Costs Judgment
Outcome
Costs awarded to UTB parties as specified; indemnity costs on petition; no order for costs in favour of Sheffield United Limited.
Legal Topics
Costs, Unfair Prejudice, Specific Performance, Breach of Contract, Conspiracy
Company Law Civil Procedure Commercial Law Costs Unfair Prejudice Specific Performance Breach of Contract Conspiracy

Case Brief

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Parties

UTB LLC

Claimant

Sheffield United Limited

Defendant/petitioner

HRH Prince Abdullah Bin Mosaad Bin Abdulaziz Saud

Third Party

Yusuf Giansiracusa

Fourth Party

UTB 2018 LLC

Respondent

HRH Prince Musa'ad Bin Khalid M Bin Abdulrahman Al Saud

Respondent

Blades Leisure Limited

Respondent

Procedural Posture

Company Law / Commercial Litigation / Post Trial Costs Judgment

Legal Issues

  1. 1 Entitlement to costs following trial outcome
  2. 2 Basis for indemnity costs in unfair prejudice petition
  3. 3 Allocation of costs for applications during proceedings

Ratio Decidendi

UTB parties were successful in all claims and petitions; costs awarded to UTB after 29 April 2019 in full, and 60% of pre-29 April 2019 costs due to partial success by Sheffield United Limited. Indemnity costs awarded on the petition due to serious, unfounded bribery allegations and improper conduct by Sheffield United Limited.

Court Disposition

Costs awarded to UTB parties as specified; indemnity costs on petition; no order for costs in favour of Sheffield United Limited.

Orders

  • UTB parties to recover all costs after 29 April 2019 in original claim, counterclaim, and additional claim.
  • UTB parties to recover 60% of pre-29 April 2019 costs in original claim, counterclaim, and additional claim.