Description
After judgment finding that some of the Defendants were liable for breach of fiduciary duty and others for conspiracy or dishonest assistance in breach of a fiduciary duty the Court made a number of findings related to consequential orders distinguishing between those liable for breach of fiduciary duties and the others. Neither compound interest nor indemnity costs could be claimed against those liable for conspiracy or dishonest assistance. Equally unlike those liable for breach of fiduciary duty those liable for conspiracy or dishonest assistance were entitled to be given credit for realisations by the Claimant. By contrast the Defendants would be jointly and severally liable for the costs. The Claimants use of five Counsel amounted to over representation and a deduction of 35% would be made.
