Lingfield Properties (Darlington) Ltd v Padgett Lavender Associates [2008] EWHC 2795 (QB) (18 November 2008)

Lingfield Properties (Darlington) Ltd v Padgett Lavender Associates [2008] EWHC 2795 (QB) (18 November 2008)

Mr Hepker was not the real party to the litigation; the claimant company acted independently through its board, and funding arrangements did not materially depend on Hepker. No impropriety or bad faith was established. It would not be just to exercise Section 51 power to make a costs order against Hepker.

Source-derived case information.

Citation
[2008] EWHC 2795 (QB)
Parties
Claimant: Lingfield Properties (Darlington) Ltd; Defendants: Padgett Lavender Associates; Applicant (non Party Costs Order): Michael Hepker
Jurisdiction
England and Wales
Judgment Date
18 November 2008
Procedural Posture
Application for Non Party Costs Order / Post Trial Costs Application
Outcome
Application for non-party costs order against Michael Hepker dismissed.
Legal Topics
Non Party Costs Orders, Section 51 Supreme Court Act 1981, Indemnity Costs, Corporate Litigation Funding
Civil Procedure Costs Non Party Costs Orders Section 51 Supreme Court Act 1981 Indemnity Costs Corporate Litigation Funding

Source-derived case record

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Parties

Lingfield Properties (Darlington) Ltd

Claimant

Padgett Lavender Associates

Defendants

Michael Hepker

Applicant (non Party Costs Order)

Procedural Posture

Application for Non Party Costs Order / Post Trial Costs Application

Legal Issues

  1. 1 Whether Michael Hepker should be joined and held liable for costs as a non-party under Section 51 Supreme Court Act 1981
  2. 2 Whether Hepker was the 'real party' to the litigation
  3. 3 Whether there was impropriety or speculative litigation justifying a non-party costs order

Ratio Decidendi

Mr Hepker was not the real party to the litigation; the claimant company acted independently through its board, and funding arrangements did not materially depend on Hepker. No impropriety or bad faith was established. It would not be just to exercise Section 51 power to make a costs order against Hepker.

Court Disposition

Application for non-party costs order against Michael Hepker dismissed.

Orders

  • Application under Section 51 Supreme Court Act 1981 for costs order against Michael Hepker is refused.