Intellimedia Systems ltd v. Doyle. LTL 20/11/2013
Following a contest hearing in the Chancery Division in a dispute concerning director’s loans and emoluments Mr John Baldwin QC (sitting as a Deputy High Court Judge) awarded the Defendant the whole of his costs of a withdrawn application for summary judgment. The Court found that the Claimant applicant should pay all of the costs incurred in its application for summary judgment because at the date on which this application was issued the defendant had already applied to amend his defence. The draft Amended Defence showed that there was a dispute that could only properly be resolved at a trial and it was obvious that any statement filed by the Defendant in reply to an application for summary judgment would adopt its factual averments.
Clifford Darton instructed by Mr Brian Donnan of Edward Harte, Brighton appeared for the successful defendant.”