Transomas Ltd & Anor v Kheri Trading Ltd & Ors [2024] EWHC 1349 (Ch) (20 May 2024)

Transomas Ltd & Anor v Kheri Trading Ltd & Ors [2024] EWHC 1349 (Ch) (20 May 2024)

Jackie Kaur was the real party to both claims, controlled and funded the litigation for her personal benefit, acted in bad faith, and caused unnecessary costs; justice requires a non-party costs order against her to prevent abuse of corporate identity and risk-free litigation.

Citation
[2024] EWHC 1349 (Ch)
Parties
Claimant (hotel Claim), Defendant (redemption Claim): Transomas Limited; Claimant (hotel Claim), Defendant (redemption Claim): Transomas Investments Limited; Defendant (hotel Claim), Claimant (redemption Claim): Kheri Trading Limited; Defendant (hotel Claim): Tarnjit Singh Gill; Third Party: Jagjit Kaur; Defendant (hotel Claim), Claimant (redemption Claim): Mitch (individual); Non Party (joined for Costs): Jackie Kaur
Jurisdiction
England and Wales
Judgment Date
20 May 2024
Procedural Posture
Civil (property Trusts and Probate) / Post Trial Costs Determination
Outcome
Non-party costs order made against Jackie Kaur personally for costs of Hotel Claim and Redemption Claim.
Legal Topics
Non Party Costs Orders, Director Liability, Abuse of Process, Indemnity Costs, Litigation Control
Civil Procedure Company Law Costs Non Party Costs Orders Director Liability Abuse of Process Indemnity Costs Litigation Control

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Parties

Transomas Limited

Claimant (hotel Claim), Defendant (redemption Claim)

Transomas Investments Limited

Claimant (hotel Claim), Defendant (redemption Claim)

Kheri Trading Limited

Defendant (hotel Claim), Claimant (redemption Claim)

Tarnjit Singh Gill

Defendant (hotel Claim)

Jagjit Kaur

Third Party

Mitch (individual)

Defendant (hotel Claim), Claimant (redemption Claim)

Jackie Kaur

Non Party (joined for Costs)

Procedural Posture

Civil (property Trusts and Probate) / Post Trial Costs Determination

Legal Issues

  1. 1 Whether a non-party costs order should be made against Jackie Kaur as director of the Companies for conduct in the Hotel Claim and Redemption Claim

Ratio Decidendi

Jackie Kaur was the real party to both claims, controlled and funded the litigation for her personal benefit, acted in bad faith, and caused unnecessary costs; justice requires a non-party costs order against her to prevent abuse of corporate identity and risk-free litigation.

Court Disposition

Non-party costs order made against Jackie Kaur personally for costs of Hotel Claim and Redemption Claim.

Orders

  • Jackie Kaur to pay indemnity costs of Hotel Claim and Redemption Claim personally.
  • Costs to be assessed if not agreed.