header-logo header-logo

01 February 2013 / Julian Miller , Daniel Silver
Issue: 7546 / Categories: Features , Procedure & practice , Costs
printer mail-detail

Group dynamics

Julian Miller & Dan Silver report on potential adverse costs liabilities in group litigation

The general rule in litigation is that all claimants and all defendants are jointly and severally liable for all costs awarded against them (see, eg, Stumm v Dickson (1889) 22 QBD 529). However, in Ward v Guiness Mahon [1996] 1 WLR 894, the Court of Appeal held that the claimants’ liability for adverse common costs should be several and not joint. The judge in Andrew Brown & Others v InnovatorOne Plc [ 2012] EWHC 1321 (Comm) litigation had to consider the applicability and relevance of the Ward decision to a modern action by a group of investors in the context of a very different litigation landscape.

Ward concerned an action by investors against the sponsor of a prospectus seeking subscriptions for shares issued by certain retail companies. The investors’ claims failed and a costs order was made against the lead plaintiffs on a joint and several basis.

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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll