BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
BUSINESS LIST
The Rolls Building Fetter Lane London EC4A 1NL |
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B e f o r e :
Sitting as a Judge of the High Court
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MOMENTA HOLDINGS (PPI) LIMITED |
Claimant |
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- and |
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(1) CHEVAL LEGAL LIMITED (2) MR STEVEN McGARRY (3) MR PHILIP RYAN (4) DGM ADMINISTRATIVE SERVICES LIMITED |
Defendants |
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Hearing dates: 26 & 27 November 2024
Written submissions: 3 December 2024
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Crown Copyright ©
HHJ JOHNS KC:
Introduction and brief background
Approach to the assessment
"12.4(1) Subject to paragraph (3), a claimant may obtain a default judgment by filing a request in the relevant practice form where the claim is for
(a) a specified amount of money (Form N205A or N225);
(b) an amount of money to be decided by the court (Form N205B or N227);
"
"It is Ordered that the Claimant must pay the Defendants an amount (in respect of damages and interest and costs) to be decided by the Court".
"For present purposes the courts have developed a clear and common-sense dividing line between those matters which the client must prove, and those which may better be assessed upon the basis of the evaluation of a lost chance. To the extent (if at all) that the question whether the client would have been better off depends upon what the client would have done upon receipt of competent advice, this must be proved by the claimant upon the balance of probabilities. To the extent that the supposed beneficial outcome depends upon what others would have done, this depends upon a loss of chance evaluation."
"11.1 The Provider must ensure prior to drawing funds and issuing a claim that the claim meets the eligibility criteria for both Market ATE Insurance and Spectra Funding Agreement.
11.2 The Provider will arrange for claims to be issued in accordance with the Operating Manual."
Group 1
Group 2
Group 3
Group 4
Group 5
Group 6
Group 7
Groups 8 and 10
Group 9
Group 11
Groups 12 and 13
Summary and costs
(1) £553,810
(2) £144,589.02
(3) £292,590.61
(4) £588,129.02
(5) £1,438,179.56
(6) £87,769.96
(8) £182,081.94
(9) £268,763.47
(10) £359,752.25
(12) £73,275.75
(13) £203,822.88