| Source: | All England Reporter |
| Publisher Citation: | [2006] All ER (D) 357 (Oct) |
| Court: | Chancery Division |
| Judge: | Bernard Livesey QC sitting as a deputy judge of the High Court |
| Representation | Patrick Talbot QC (instructed by Goldkorn Mathias Gentle) for the claimants. |
| The second defendant appeared in person. | |
| Judgment Dates: | 30 October 2006 |
Catchwords
Costs - Order for costs - Jurisdiction - Order for costs against funder of litigation - Claimants obtaining judgment against first defendant - Claimants seeking but not obtaining judgment or order for costs against second defendant - Claimants applying for order that costs order in their favour against first defendant be paid by second defendant on ground that he was funder of litigation - Whether court having jurisdiction to vary costs order - Whether court justified in making order sought - Civil Procedure Rules, , 3.1(7).
The Case
The court held that the claimants were entitled to an order under Civil Procedure Rules, , 3.1(7) that the costs order made in their favour against the first defendant should be paid by the second defendant personally on the ground that he was the funder of the litigation.
Practice Areas
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