Bank of India v Morris & Ors

The Bank of India, having failed on the main issues, is ordered to pay 80 per cent of the liquidators' costs of the appeal. Permission to appeal to the House of Lords is refused as this is not an appropriate case for the Court of Appeal to grant leave.

Parties: Appellant/respondent: Bank of India; Respondent/appellant: Christopher Morris & Ors
Jurisdiction: England and Wales
Judgment Date: 22 June 2005
Procedural Posture: Civil Appeal / Court of Appeal Judgment on Costs and Permission to Appeal
Outcome: Appeal and cross-appeal dismissed. Costs order made. Permission to appeal refused.
Legal Topics: Costs, Permission to Appeal, Attribution of Knowledge, Vicarious Liability

Insolvency Law Civil Procedure Costs Permission to Appeal Attribution of Knowledge Vicarious Liability

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Parties

Bank of India

Appellant/respondent

Christopher Morris & Ors

Respondent/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Costs and Permission to Appeal

Legal Issues

1 Appropriate order for costs after appeal and cross-appeal
2 Whether permission to appeal to the House of Lords should be granted
3 Attribution of knowledge to companies under section 213 of the Insolvency Act 1986

Ratio Decidendi

Court Disposition

Appeal and cross-appeal dismissed. Costs order made. Permission to appeal refused.

Orders

Bank of India to pay 80 per cent of the liquidators' costs of the appeal.
Bank of India to pay £100,000 within 28 days on account of costs, subject to written submissions.