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Venture Finance Plc v Mead & Anor [2005] EWCA Civ 325 (22 March 2005)

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The judge had erred in concluding that he ought to exercise his discretion under CPR r.48. He was wrong to conclude that each Defendant was only liable for 50% of the costs. The judge ought to have considered the extent to which each Defendant was liable for the cost of the proceedings to recover monies under the guarantee. He would be entitled to find that one Defendant could be liable for all or the majority of the costs of the proceedings. If V could not recover the costs of the proceedings from the second Defendant it would be left with a significant shortfall as the first Defendant was bankrupt.

 

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