Added Value from the Courts
We have in the past been critical of faults in the court system and the drive towards ever increasing fees, so it is only fair that we also give credit where credit is due.
We recently experienced outstanding service from Manchester Mercantile Court, where we issue the vast majority of our clients’ litigation.
A Claim Form was issued on 4 April against a corporate Hirer and 3 Personal guarantors for approximately £300K.
We then obtained a Summary Judgment hearing on 21 June and after hearing argument from Peter Sinnett for our client and from 2 London Counsel for the Defendants, the judge reserved judgment.
The written judgment came through a few days later and was formally handed down on 4 July – all within 3 months of the Claim being issued.
In addition to finding for our client on all the issues, the judge agreed that it was entitled to recover all its costs without any deductions as a result of contractual terms in the Personal Guarantees :-
“that the relevant defendant would pay to the claimant on a full indemnity basis, on demand, the amount of all costs and expenses (including legal costs) which the claimant incurred in connection with the preservation or exercise or enforcement of any rights under or in connection with the Deed of Guarantee and Indemnity or any attempt to do so.”
There was a similar provision relating to costs in the Hire Agreement.
The Manchester Mercantile Court is shortly to be improved even further when it becomes part of the new Business and Property Specialist Court in October – more on this in the next Briefing.