Jim Ennis Construction Ltd & Ors v Thewlis [2003] EWCA Civ 1273 (29 July 2003)

The judge's 'no order as to costs' was not justified given the claimants' substantial success, particularly on the Part 20 application; a more proportionate costs order reflecting the degree of success was required.

Citation: [2003] EWCA Civ 1273
Parties: Claimant/appellant: Jim Ennis Construction Ltd & Others; Defendant/respondent: Norman Thewlis
Jurisdiction: England and Wales
Judgment Date: 29 July 2003
Procedural Posture: Civil Appeal / Appeal From Chancery Division, Post Case Management Conference Costs Order
Outcome: Appeal allowed
Legal Topics: Costs Orders, Case Management, Joinder of Parties, Minority Shareholder Petition, Part 20 Claims

Civil Procedure Company Law Costs Orders Case Management Joinder of Parties Minority Shareholder Petition Part 20 Claims

Case Brief

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Parties

Jim Ennis Construction Ltd & Others

Claimant/appellant

Norman Thewlis

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Chancery Division, Post Case Management Conference Costs Order

Legal Issues

1 Whether the judge's 'no order as to costs' decision at the case management conference was justified
2 Proper allocation of costs where there were multiple applications with mixed outcomes

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Judge's 'no order as to costs' set aside
Order that the claimants recover two-thirds of their costs of the hearing in any event