Protege Services Ltd, Re [2011] EWHC 3679 (Ch) (26 May 2011)

Protege Services Ltd, Re [2011] EWHC 3679 (Ch) (26 May 2011)

Respondents' failure to promptly communicate agreement to continuation of injunction caused unnecessary costs; disciplinary costs order justified; injunction to continue until trial or further order.

Citation
[2011] EWHC 3679 (Ch)
Parties
Applicant/claimant: Andrew Robinson; Respondent/defendant: Andreas Charalambous
Jurisdiction
England and Wales
Judgment Date
26 May 2011
Procedural Posture
Company Law Petition Under Section 994 / Interim Injunction Hearing
Outcome
Injunction to continue until trial or further order; respondents to pay petitioners' costs thrown away by hearing; remaining costs reserved to trial judge.
Legal Topics
Minority Shareholder Protection, Director Duties, Quasi Partnership, Interim Injunctions, Costs Orders
Company Law Equity Minority Shareholder Protection Director Duties Quasi Partnership Interim Injunctions Costs Orders

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Parties

Andrew Robinson

Applicant/claimant

Andreas Charalambous

Respondent/defendant

Procedural Posture

Company Law Petition Under Section 994 / Interim Injunction Hearing

Legal Issues

  1. 1 Whether conduct of directors/shareholders constituted breach of duty actionable under section 994
  2. 2 Whether interim injunction should continue
  3. 3 Appropriate costs order for conduct of litigation

Ratio Decidendi

Respondents' failure to promptly communicate agreement to continuation of injunction caused unnecessary costs; disciplinary costs order justified; injunction to continue until trial or further order.

Court Disposition

Injunction to continue until trial or further order; respondents to pay petitioners' costs thrown away by hearing; remaining costs reserved to trial judge.

Orders

  • Respondents to pay petitioners' costs thrown away by hearing, summarily assessed and reduced by £1,000 plus VAT.
  • Injunction granted by Mr Justice Mann to continue until trial or further order.