Rickard Metals v Cotton (t/a Allmat Enterprises) & Anor [2007] EWHC 2915 (QB)

[2007] EWHC 2915 (QB)Case No H107X02289
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
Venue Royal Courts of Justice, Strand, London, WC2A 2LLDate 07/12/2007
Before
THE HONOURABLE MR JUSTICE STANLEY BURNTON
Between
RICKARD METALSClaimant(A Company incorporated under the laws ofClaimantThe State of California)Claimant(1) DANIEL CHARLES COTTONDefendants(2) DEBORAH ANN COTTONDefendant
JudgmentStanley Burnton J :
[1]I have already held that the Defendants are entitled to an interim payment on account of their costs. Their estimate of their costs has not been challenged. I consider that the appropriate amount to order as an interim payment is £100,000. In the light of the order made by Master Rose, it is in my judgment appropriate to stay payment of the interim costs order so that it can be set off against any order for an interim payment on account of the Claimant’s claim for damages.[2]Accordingly, I shall make the following

order

“Upon reading the witness statement of Gina Serre dated 14 November 2007 and the exhibits to the same; and upon reading the letter of Claimant’s solicitors dated 16 November 2007, IT IS ORDERED THAT the Claimants pay to the Defendants the sum of £100,000 as an interim payment on account of their costs of and occasioned by the application to discharge the injunction obtained by the Claimants, but that the payment of that sum be stayed until the determination of the Claimant’s application for an interim payment pursuant to paragraph 4 of the order of Master Rose dated 8 November 2007 or the determination of any appeal by the First Defendant against that paragraph of that order, if such appeal is successful.”