Source: All England Reporter
Publisher Citation: [2005] All ER (D) 240 (Nov)
Court: Queen's Bench Division (Commercial Court)

Moore-Bick LJ

Representation Colin Endelman QC and Charles Dougherty (instructed by LeBoeuf, Lamb, Greene & MacRae) for the claimant.
  Lindsay Boswell QC (instructed by Izod Evans) for the sixth defendant.
Judgment Dates: 18 November 2005


Costs - Order for costs - Payment of costs by non-party - Circumstances in which non-party may be ordered to pay costs of proceedings - Chief executive controlling defence and counterclaim - Defence and counterclaim based on false testimony - Whether chief executive should be personally liable jointly and severally with defendants for claimant's costs.

The Case

The court ordered that the chief executive of the first defendant, who had controlled the defence and counterclaim and stood to benefit from it, should be jointly and severally liable for the claimant's costs, although he had not been a defendant himself. The factors behind the order included that the defence advanced had been based on false testimony.

Practice Areas

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