Hilden Developments Limited v Phillips Auctioneers Limited & Anor

Hilden Developments Limited v Phillips Auctioneers Limited & Anor

Sebastian Tibbles was the real party to the litigation as he personally funded, controlled, and directed the proceedings for his own benefit and to advance his interests in the wider family dispute, rather than solely in the interests of HDL. It is just to make a non-party costs order against him for 50% of costs up to 15 October 2021 and 100% thereafter.

Parties
Claimant: Hilden Developments Limited; First Defendant: Phillips Auctioneers Limited; Second Defendant/applicant: Robert Tibbles; Third Defendant (costs Only): Nigel Tibbles (Deceased); Fourth Defendant/respondent (costs Only): Sebastian Tibbles
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil / Application for Non Party Costs Order After Trial
Outcome
Application for non-party costs order against Sebastian Tibbles allowed in part.
Legal Topics
Non Party Costs Orders, Directors' Liability for Costs, Litigation Funding and Control, Principle of Limited Liability
Civil Procedure Company Law Non Party Costs Orders Directors' Liability for Costs Litigation Funding and Control Principle of Limited Liability

Case Brief

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Parties

Hilden Developments Limited

Claimant

Phillips Auctioneers Limited

First Defendant

Robert Tibbles

Second Defendant/applicant

Nigel Tibbles (Deceased)

Third Defendant (costs Only)

Sebastian Tibbles

Fourth Defendant/respondent (costs Only)

Procedural Posture

Civil / Application for Non Party Costs Order After Trial

Legal Issues

  1. 1 Whether Sebastian Tibbles was the 'real party' to the litigation and should be liable for costs under a non-party costs order
  2. 2 Whether it is just in all the circumstances to make a non-party costs order against Sebastian Tibbles

Ratio Decidendi

Sebastian Tibbles was the real party to the litigation as he personally funded, controlled, and directed the proceedings for his own benefit and to advance his interests in the wider family dispute, rather than solely in the interests of HDL. It is just to make a non-party costs order against him for 50% of costs up to 15 October 2021 and 100% thereafter.

Court Disposition

Application for non-party costs order against Sebastian Tibbles allowed in part.

Orders

  • Sebastian Tibbles to pay 50% of the costs ordered against HDL up to 15 October 2021 and 100% thereafter.
  • Parties to agree the terms of the order, including consequential matters.