header-logo header-logo

Costs

01 March 2013
Issue: 7550 / Categories: Case law , Law digest , In Court
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll