You are here

When the litigation loser becomes the winner

The recent Marathon case is a message to any recipient of a part 36 offer to put financial motives to one side, writes Lesley Timms

4 April 2017

The general rule for litigation in England and Wales is that the unsuccessful party will be ordered to pay the costs of the successful party. But who is the ‘unsuccessful party’ where the defendant admits liability in a £15m claim but is only ordered to pay nominal damages of £2?

This is precisely what happened in Marathon Asset Management v James Seddon and ors [2017] EWHC 479 (Comm). In this case, Marathon spent nearly £10m in pursuit of damages of £15m against Luke Bridgeman for misuse of confidential information. Bridgeman admitted liability very early on, so the claim principally concerned an assessment of quantum.

It transpired that Bridgeman had tried to settle the dispute halfway through the proceedings with a part 36 offer of £1.5m. The question for the court was whether the usual order for costs should be varied so as to di...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.