Xhosa Office Rentals Ltd v Multi High Tech PCB Ltd & Ors [2014] EWHC 1286 (QB) (21 March 2014)

Xhosa Office Rentals Ltd v Multi High Tech PCB Ltd & Ors [2014] EWHC 1286 (QB) (21 March 2014)

Mr Loizakos was the real party behind the litigation, funded and controlled the claim, and stood to benefit personally; it is just to make a non-party costs order against him under section 51 of the Senior Courts Act 1981.

Citation
[2014] EWHC 1286 (QB)
Parties
Claimant/respondent: Xhosa Office Rentals Ltd; First Defendant/applicant: Multi High Tech PCB Ltd; Second Defendant/applicant: Frank Horstmann; Third Defendant/applicant: Phaedra Horstmann
Jurisdiction
England and Wales
Judgment Date
21 March 2014
Procedural Posture
High Court Civil Claim / Application for Non Party Costs Order After Claim Struck Out
Outcome
Application granted; non-party costs order made against Mr Loizakos.
Legal Topics
Non Party Costs Orders, Section 51 Senior Courts Act 1981, Security for Costs, Company as Claimant, Litigation Funding
Civil Procedure Company Law Non Party Costs Orders Section 51 Senior Courts Act 1981 Security for Costs Company as Claimant Litigation Funding

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Xhosa Office Rentals Ltd

Claimant/respondent

Multi High Tech PCB Ltd

First Defendant/applicant

Frank Horstmann

Second Defendant/applicant

Phaedra Horstmann

Third Defendant/applicant

Procedural Posture

High Court Civil Claim / Application for Non Party Costs Order After Claim Struck Out

Legal Issues

  1. 1 Whether Mr Loizakos should be joined for costs purposes under CPR 46.2
  2. 2 Whether a non-party costs order should be made against Mr Loizakos under section 51 of the Senior Courts Act 1981

Ratio Decidendi

Mr Loizakos was the real party behind the litigation, funded and controlled the claim, and stood to benefit personally; it is just to make a non-party costs order against him under section 51 of the Senior Courts Act 1981.

Court Disposition

Application granted; non-party costs order made against Mr Loizakos.

Orders

  • Mr Loizakos to be joined as a party for costs purposes under CPR 46.2.
  • Mr Loizakos to pay the defendants' costs of defending the claim.