Dranez & Ors v Hayek & Ors, Court of Appeal - Supreme Court Cost Office, April 02, 2008, [2008] EWHC 90104 (Costs)

Reporting Judge: [2008] EWHC 90104 (Costs)

President: Dranez & Ors v Hayek & Ors

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Dranez & Ors v Hayek & Ors, Court of Appeal - Supreme Court Cost Office, April 02, 2008, [2008] EWHC 90104 (Costs)

SCCO Ref: PR 0705565/6/7, Appeal Nos: 2002/0253, 2002/0647 & 2002/0234, Claim No: CH 1997 D No.5132

Neutral Citation Number: [2008] EWHC 90104 (Costs)

IN THE HIGH COURT OF JUSTICE

SUPREME COURT COSTS OFFICE

Clifford's Inn, Fetter Lane

London, EC4A 1DQ

Date: 2 April 2008

Before :

MASTER ROGERS, COSTS JUDGE

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Between :

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Mr Philip Bowden, Costs Lawyer (instructed by Mishcon de Reya) for the Paying Parties

Mr James Fairbairn (instructed by Denton Wilde Sapte LLP) for the Receiving Parties

Hearing dates: 19 and 20 March 2008

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Judgment

Master Rogers:

THE ISSUE

1. The issue which I have to decide in this judgment is whether the receiving party have validly appropriated two payments into court made by the paying party as security for costs.

2. It is one of a number of preliminary issues which the parties have agreed I should resolve, prior to the detailed assessment of four bills, totalling approximately £1/2 million.

THE BACKGROUND

3. Zamir Hayek invented a piece of medical equipment called the Hayek Oscillator, and his brother Samuel set up a company to exploit it. However, the brothers fell out, and a number of proceedings between the parties followed.

4. The first action ``the injunction proceedings'' were brought by eight Claimants, the first named in the heading, five of whom were companies controlled by Samuel Hayek, and the remainder being investors in those companies.

5. The second action was started against Zamir Hayek, and his company Medivent alone ``the patent action''.

6. The Defendants to the injunction proceedings were Dr Zamir Hayek, a company which he controlled Medivent. Kay De B...

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