The Creative Foundation v Dreamland Leisure Ltd & Ors

The Creative Foundation v Dreamland Leisure Ltd & Ors

Rochelle Godden substantially funded, was closely involved in, and stood to benefit from the defence of the proceedings by Dreamland, an insolvent company. Her conduct was causative of the costs incurred by the claimant. It is just to make a non-party costs order against her for the relevant period.

Parties
Claimant: The Creative Foundation; First Defendant: Dreamland Leisure Limited; Second Defendant: Jeremy Michael Godden; Third Defendant: Jordan Harry Godden; Costs Defendant: Rochelle Godden
Jurisdiction
England and Wales
Judgment Date
25 April 2016
Procedural Posture
Costs Application / Post Judgment, Application for Non Party Costs Order
Outcome
Application granted in part
Legal Topics
Non Party Costs Orders, Litigation Funding, Insolvency, Control and Benefit in Litigation
Civil Procedure Company Law Non Party Costs Orders Litigation Funding Insolvency Control and Benefit in Litigation

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 14 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

The Creative Foundation

Claimant

Dreamland Leisure Limited

First Defendant

Jeremy Michael Godden

Second Defendant

Jordan Harry Godden

Third Defendant

Rochelle Godden

Costs Defendant

Procedural Posture

Costs Application / Post Judgment, Application for Non Party Costs Order

Legal Issues

  1. 1 Whether a non-party (Rochelle Godden) should be ordered to pay the claimant's costs under section 51(3) of the Senior Courts Act 1981 for funding and controlling the defence of an insolvent company.

Ratio Decidendi

Rochelle Godden substantially funded, was closely involved in, and stood to benefit from the defence of the proceedings by Dreamland, an insolvent company. Her conduct was causative of the costs incurred by the claimant. It is just to make a non-party costs order against her for the relevant period.

Court Disposition

Application granted in part

Orders

  • Rochelle Godden to pay the Foundation’s costs incurred from the date Dreamland filed its acknowledgement of service.