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

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Burges Salmon—Benn Richards

Burges Salmon—Benn Richards

Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

NEWS
A child’s views can be taken into account during international child abduction proceedings, the Supreme Court has held
Small and medium-sized law firms have urged regulators to pause plans to exclude owner-managers from compliance officer roles
Lawyers have raised the alarm on employment tribunal delays and backlogs, with some cases facing a three-year wait for a hearing
The controversial assisted dying Bill has drawn to a halt after MPs defeated it by 286 votes to 270
MPs have called for legislation to protect against the human rights risks of artificial intelligence (AI)
back-to-top-scroll