BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
BUSINESS LIST (ChD)
The Royal Courts of Justice 7 Rolls Buildings Fetter Lane London, EC4A 1NL |
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B e f o r e :
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PETER JOHN TRIBE |
Claimant |
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- and - |
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ELBORNE MITCHELL LLP |
Defendant |
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Sarah Harman (instructed by Elborne Mitchell LLP) for the Defendant
Hearing dates: 25 February and 19 March 2021
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Crown Copyright ©
Deputy Master Raeburn:
i) sought payment of a sum of over £100,000 (the "Acknowledged Sum Claim") for which judgment has been entered for the Claimant;
ii) challenges the validity of a division of discretionary profits between members of the firm (the "Profit Share Claim"); and
iii) seeks the settlement under the court's supervision of the partners' non-statutory accounts for 2015/16 (the "Account Claim").
i) the Account Claim should be heard together with the Profit Share Claim; and
ii) the proper formulation of "the issue" to be tried in the Account Claim.
i) that it was unrealistic and undesirable to combine the Account Claim with the Profit Share Claim;
ii) the Claimant's formulation of the issue to be tried in the Account Claim was to be preferred and was appropriately articulated; and
iii) that the proper course would be to order a further directions hearing in respect of the Account Claim to take place on the first available date following the trial of the Profit Share Claim.
Costs
The Claimant's entitlement to rely on its Statement of Costs
"what, if any, prejudice has that failure to comply caused to the other party? If no prejudice, then the court should go on and assess the costs in the normal way. If satisfied it has caused prejudice, the next question is: how should that prejudice best be dealt with?."
Entitlement to an order as to costs
Basis of Assessment
Method of Assessment
The Claimant's application to revisit the March Judgment