Pender v Punter Southall Group Limited (Court of Appeal : Appeal (Civil) : Crow, Perry, Wolffe : Costs) [2026] JCA 073 (13 March 2026)

Pender v Punter Southall Group Limited (Court of Appeal : Appeal (Civil) : Crow, Perry, Wolffe : Costs) [2026] JCA 073 (13 March 2026)

The Respondent was successful on most grounds, but the Appellant succeeded on the SFA Advance Commission issue. A full costs award would not reflect this partial success. Considering the parties' submissions and the proportion of resources devoted to the successful issue, the Appellant should pay 80% of the Respondent's costs.

Citation
[2026] JCA 073
Parties
Plaintiff and Respondent: Daniel Pender; Second Defendant and Appellant: Punter Southall Group Limited
Jurisdiction
Jersey
Judgment Date
13 March 2026
Procedural Posture
Appeal / Post Judgment Application for Costs and Interim Payment
Outcome
Appellant ordered to pay 80% of Respondent's costs; interim payment ordered.
Legal Topics
Costs, Unfair Prejudice, Share Valuation, Appeals
Civil Procedure Company Law Costs Unfair Prejudice Share Valuation Appeals

Case Brief

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Parties

Daniel Pender

Plaintiff and Respondent

Punter Southall Group Limited

Second Defendant and Appellant

Procedural Posture

Appeal / Post Judgment Application for Costs and Interim Payment

Legal Issues

  1. 1 Appropriate award of costs following partial success on appeal
  2. 2 Entitlement to interim payment on account of costs

Ratio Decidendi

The Respondent was successful on most grounds, but the Appellant succeeded on the SFA Advance Commission issue. A full costs award would not reflect this partial success. Considering the parties' submissions and the proportion of resources devoted to the successful issue, the Appellant should pay 80% of the Respondent's costs.

Court Disposition

Appellant ordered to pay 80% of Respondent's costs; interim payment ordered.

Orders

  • Appellant to pay 80% of Respondent's costs assessed on the standard basis.
  • Appellant to make interim payment of £125,000 within 14 days.