Wedgwood Museum Trust Ltd, Re [2012] EWHC 1974 (Ch) (19 July 2012)

Wedgwood Museum Trust Ltd, Re [2012] EWHC 1974 (Ch) (19 July 2012)

All parties' costs are to be paid out of the assets of the company as part of the costs and expenses of the administration, except that the administrators' costs of briefing Leading Counsel are disallowed as unnecessary. The Attorney General, as a necessary representative party, should not be ordered to pay costs despite being unsuccessful. Assessment of costs will be on the indemnity basis for the administrators (excluding disallowed costs) and on the standard basis for other parties.

Citation
[2012] EWHC 1974 (Ch)
Parties
Claimant: Robert Michael Young and Stephen John Currie (joint administrators of Wedgwood Museum Trust Limited); First Defendant: Her Majesty's Attorney General; Second Defendant: Wedgwood Pension Plan Trustee Limited; Third Defendant: The Pension Protection Fund
Jurisdiction
England and Wales
Judgment Date
19 July 2012
Procedural Posture
Costs Determination Following Application for Directions in Administration / Post Judgment, Costs Ruling
Outcome
Costs order made: all parties' costs (except disallowed costs of briefing Leading Counsel for administrators) to be paid out of the assets of the company; costs to be assessed if not agreed.
Legal Topics
Costs in Administration, Costs Out of Assets, Role of Attorney General in Charity Proceedings, Assessment of Legal Costs, Right of Recoupment, Indemnity and Standard Basis Assessment
Insolvency Charity Law Civil Procedure Costs in Administration Costs Out of Assets Role of Attorney General in Charity Proceedings Assessment of Legal Costs Right of Recoupment +1 more

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Parties

Robert Michael Young and Stephen John Currie (joint administrators of Wedgwood Museum Trust Limited)

Claimant

Her Majesty's Attorney General

First Defendant

Wedgwood Pension Plan Trustee Limited

Second Defendant

The Pension Protection Fund

Third Defendant

Procedural Posture

Costs Determination Following Application for Directions in Administration / Post Judgment, Costs Ruling

Legal Issues

  1. 1 Whether all parties' costs should be paid out of the assets of the company in administration
  2. 2 Whether the Attorney General should be ordered to pay costs as an unsuccessful party
  3. 3 Whether the administrators' costs of briefing Leading Counsel should be disallowed

Ratio Decidendi

All parties' costs are to be paid out of the assets of the company as part of the costs and expenses of the administration, except that the administrators' costs of briefing Leading Counsel are disallowed as unnecessary. The Attorney General, as a necessary representative party, should not be ordered to pay costs despite being unsuccessful. Assessment of costs will be on the indemnity basis for the administrators (excluding disallowed costs) and on the standard basis for other parties.

Court Disposition

Costs order made: all parties' costs (except disallowed costs of briefing Leading Counsel for administrators) to be paid out of the assets of the company; costs to be assessed if not agreed.

Orders

  • All parties' costs to be paid out of the assets of the company as part of the costs and expenses of the administration.
  • Administrators' costs of briefing Leading Counsel (Mr Adkins QC) are disallowed and not recoupable from the assets.