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

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll