CHANCERY DIVISION
Fetter Lane London EC4 |
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B e f o r e :
Sitting as a Deputy Judge of the Chancery Division
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(1) IAIN LAWRIE SHEARER (2) JAMES RICHARD DEBRUYKER DAWES (3) CAPITAL CASH LIMITED (4) JADE INVESTMENTS WORLDWIDE LIMITED |
Claimants |
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and |
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SPRING CAPITAL LIMITED |
First Defendant |
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(a) TENON PENSION TRUSTEES LIMITED and (b) RODERICK CHARLES THOMAS (as trustees of THE TENON GROUP SIPP – RC THOMAS TGS0057) |
Second Defendants |
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(a) TENON PENSION TRUSTEES LIMITED and (b) STUART JAMES THOMAS (as trustees of THE TENON GROUP SIPP – MR SJ THOMAS TGS0059) |
Third Defendants |
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Mr James Aldridge (instructed by Harbottle& Lewis) for the Defendants
Hearing date: 29 October 2013
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Crown Copyright ©
Daniel Alexander QC:
INTRODUCTION
Issues arising out of the judgment
FORTIFICATION OF THE CROSS-UNDERTAKING IN DAMAGES
Valuation of security
Likely damages
Other considerations
Conclusion on fortification of cross-undertaking
COSTS
(1) The court has discretion as to –
(a) whether costs are payable by one party to another;
(b) the amount of those costs; and
(c) when they are to be paid.
(2) If the court decides to make an order about costs –
(a) the general rule is that the unsuccessful party will be ordered to pay the costs of the successful party; but
(b) the court may make a different order.
Conclusion on costs
PERMISSION TO APPEAL
First defendant's submissions on permission
Discussion
Authorities
"...cannot interfere with the exercise of discretion by the judge to refuse to strike out or dismiss the action unless the judge has erred in law or taken into account irrelevant matters or left out of account relevant matters or otherwise has gone plainly wrong".
Conclusion on permission to appeal
Practical consequences of an interim appeal