Lingfield Properties (Darlington) Ltd v Padgett Lavender Associates

Lingfield Properties (Darlington) Ltd v Padgett Lavender Associates

Mr Hepker was not the real party to the litigation; the claimant company acted independently through its board, and there was no impropriety or personal financial benefit to Mr Hepker justifying a non-party costs order.

Parties
Claimant: Lingfield Properties (Darlington) Ltd; Defendants: Padgett Lavender Associates
Jurisdiction
England and Wales
Judgment Date
18 November 2008
Procedural Posture
Application for Non Party Costs Order / Ruling on Section 51 Application
Outcome
Application dismissed
Legal Topics
Non Party Costs Orders, Witness Immunity, Company Litigation Funding
Civil Procedure Costs Non Party Costs Orders Witness Immunity Company Litigation Funding

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Parties

Lingfield Properties (Darlington) Ltd

Claimant

Padgett Lavender Associates

Defendants

Procedural Posture

Application for Non Party Costs Order / Ruling on Section 51 Application

Legal Issues

  1. 1 Whether Mr Hepker should be joined as a party for purposes of a non-party costs order under Section 51
  2. 2 Whether Mr Hepker was the real party to the litigation
  3. 3 Whether it is just to make a non-party costs order against Mr Hepker

Ratio Decidendi

Mr Hepker was not the real party to the litigation; the claimant company acted independently through its board, and there was no impropriety or personal financial benefit to Mr Hepker justifying a non-party costs order.

Court Disposition

Application dismissed

Orders

  • Mr Hepker not joined as a party for purposes of costs
  • No non-party costs order made against Mr Hepker