header-logo header-logo

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

Costs—Order for costs—Discretion

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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll