BRENDA ELIZABETH TURNER & Ors v OWEN GWILYM THOMAS & Anor

BRENDA ELIZABETH TURNER & Ors v OWEN GWILYM THOMAS & Anor

Mr Thomas, as sole shareholder and controlling mind of the Company, stood to benefit from the appeal and controlled the litigation. The Company is impecunious. It is just to order Mr Thomas to pay the costs of the appeal, applying by analogy the principles for non-party costs orders against directors who are the real parties to litigation.

Parties
Claimant/respondent: Brenda Elizabeth Turner; Claimant/respondent: Marilyn Margaret Jones; Claimant/respondent: Alan Trevor Jones; First Defendant/appellant: Mr Owen Gwilym Thomas; Second Defendant/appellant: O G Thomas Amaethyddiaeth CYG
Jurisdiction
England and Wales
Judgment Date
26 July 2022
Procedural Posture
Civil Appeal / Costs Judgment After Dismissal of Appeal
Outcome
Costs order made against Mr Thomas personally for the costs of the appeal.
Legal Topics
Costs Orders, Non Party Costs Orders, Directors' Liability, Appeal Procedure
Civil Procedure Company Law Costs Orders Non Party Costs Orders Directors' Liability Appeal Procedure

Case Brief

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Parties

Brenda Elizabeth Turner

Claimant/respondent

Marilyn Margaret Jones

Claimant/respondent

Alan Trevor Jones

Claimant/respondent

Mr Owen Gwilym Thomas

First Defendant/appellant

O G Thomas Amaethyddiaeth CYG

Second Defendant/appellant

Procedural Posture

Civil Appeal / Costs Judgment After Dismissal of Appeal

Legal Issues

  1. 1 Whether a costs order for the appeal should be made against Mr Thomas personally as well as the Company
  2. 2 Whether Mr Thomas is the 'real party' to the litigation justifying a non-party costs order by analogy

Ratio Decidendi

Mr Thomas, as sole shareholder and controlling mind of the Company, stood to benefit from the appeal and controlled the litigation. The Company is impecunious. It is just to order Mr Thomas to pay the costs of the appeal, applying by analogy the principles for non-party costs orders against directors who are the real parties to litigation.

Court Disposition

Costs order made against Mr Thomas personally for the costs of the appeal.

Orders

  • Mr Thomas to pay the respondents' costs of the appeal in the sum of £12,750.