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01 March 2013
Issue: 7550 / Categories: Case law , Law digest , In Court
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Costs

Tecof International Ltd v Town Castle Ltd and others [2013] Lexis Citation 16, [2013] All ER (D) 215 (Feb)

Section 51 of the Senior Courts Act 1981 conferred a discretion not confined by specific limitations. Although costs orders against non-parties were to be regarded as "exceptional", exceptional in that context meant no more than outside the ordinary run of cases where parties pursued or defended claims for their own benefit and at their own expense. The ultimate question in any such "exceptional" case was whether in all the circumstances it was just to make the order. Where a non-party director could be described as the "real party", seeking his own benefit, controlling and/or funding the litigation, then even where he had acted in good faith or without any impropriety, justice might well demand that he be liable in costs on a fact-sensitive and objective assessment of the circumstances

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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