header-logo header-logo

Costs—Order for costs—Discretion

29 November 2013
Issue: 7586 / Categories: Case law , Law reports , In Court
printer mail-detail

Threlfall v ECD Insight Ltd and another [2013] EWCA Civ 1444, [2013] All ER (D) 195 (Nov)

Court of Appeal, Civil Division, Richards, Tomlinson & Lewison LJJ, 29 Oct 2013

The Court of Appeal has considered the principles of making costs awards against non-parties to litigation.

Clive Freedman QC and Sam Neaman (instructed by Penningtons Manches LLP) for the claimant. Peter Shaw and Conn MacEvilly (under the Direct Access Scheme) for the defendants.

The claimant had been employed by the defendant company. He brought an action against the company and its sole director and shareholder, W (the second defendant) for breach of his employment contract. The company denied those allegations and counterclaimed for breaches of the claimant’s obligations of fidelity and breaches of his restrictive covenants. 

W was joined to the action because any order in the claimant’s favour for specific performance of his entitlement to the 20% equity sought by the claimant would have either required a transfer of shares by W himself, or would have had to have taken the form of requiring the company to issue and allot shares to him, which

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: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

back-to-top-scroll