Jim Ennis Construction Ltd & Ors v Thewlis

Jim Ennis Construction Ltd & Ors v Thewlis

The judge's order making no order as to costs could not be justified given the degree of success achieved by the claimants, particularly on the Part 20 application; the claimants were entitled to recover a proportion of their costs, and the order was set aside and substituted with a new allocation of costs.

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 on Costs Order After Case Management Conference
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 on Costs Order After Case Management Conference

Legal Issues

  1. 1 Whether the judge's decision to make no order as to costs after the case management conference was justified
  2. 2 Proper allocation of costs where there were multiple applications with mixed outcomes
  3. 3 Effect of success on Part 20 application and amendment application on costs

Ratio Decidendi

The judge's order making no order as to costs could not be justified given the degree of success achieved by the claimants, particularly on the Part 20 application; the claimants were entitled to recover a proportion of their costs, and the order was set aside and substituted with a new allocation of costs.

Court Disposition

Appeal allowed

Orders

  • Judge's no order as to costs set aside
  • Order substituted: specific costs of and occasioned by amendments to stand