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 effective claimant, funded and controlled the litigation, and stood to benefit personally; the claim was weak and pursued despite warnings; it is just to make a non-party costs order against him under section 51.

Citation
[2014] EWHC 1286
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 Post Strike 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, Strike Out of Claim, Litigation Funding
Civil Procedure Company Law Non Party Costs Orders Section 51 Senior Courts Act 1981 Security for Costs Strike Out of Claim Litigation Funding

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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 Post Strike 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 effective claimant, funded and controlled the litigation, and stood to benefit personally; the claim was weak and pursued despite warnings; it is just to make a non-party costs order against him under section 51.

Court Disposition

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

Orders

  • Mr Loizakos to be joined for costs purposes under CPR 46.2.
  • Mr Loizakos to pay the defendants' costs, subject to detailed assessment.