Brierley v Howe & Anor (Re Costs - 36 Bourne Street Ltd) [2024] EWHC 2983 (Ch) (21 November 2024)

Brierley v Howe & Anor (Re Costs - 36 Bourne Street Ltd) [2024] EWHC 2983 (Ch) (21 November 2024)

The first respondent, as the successful party on the strike out application, is entitled to his costs, summarily assessed at £30,000 plus VAT, payable by the petitioner within 21 days, subject to a rider allowing for an application to defer payment if made within a specified short timeframe.

Citation
[2024] EWHC 2983 (Ch)
Parties
Petitioner: Joanne Laura Brierley; First Respondent: Christopher Howe; Second Respondent: 36 Bourne Street Limited
Jurisdiction
England and Wales
Judgment Date
21 November 2024
Procedural Posture
Company Law (s.994 Companies Act 2006) Petition / Post Strike Out Application, Costs Determination
Outcome
Costs order in favour of first respondent; costs summarily assessed and payable within 21 days, subject to rider.
Legal Topics
Strike Out Applications, Summary Assessment of Costs, Unfair Prejudice Petitions, Costs Orders, Section 994 Companies Act 2006
Company Law Civil Procedure Strike Out Applications Summary Assessment of Costs Unfair Prejudice Petitions Costs Orders Section 994 Companies Act 2006

Case Brief

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Parties

Joanne Laura Brierley

Petitioner

Christopher Howe

First Respondent

36 Bourne Street Limited

Second Respondent

Procedural Posture

Company Law (s.994 Companies Act 2006) Petition / Post Strike Out Application, Costs Determination

Legal Issues

  1. 1 Whether the petitioner should pay the first respondent's costs of the strike out application
  2. 2 Whether costs should be summarily assessed or subject to detailed assessment
  3. 3 Whether payment of costs should be deferred

Ratio Decidendi

The first respondent, as the successful party on the strike out application, is entitled to his costs, summarily assessed at £30,000 plus VAT, payable by the petitioner within 21 days, subject to a rider allowing for an application to defer payment if made within a specified short timeframe.

Court Disposition

Costs order in favour of first respondent; costs summarily assessed and payable within 21 days, subject to rider.

Orders

  • Petitioner to pay first respondent's costs of and occasioned by the strike out application, summarily assessed at £30,000 plus VAT, within 21 days.
  • Order subject to a rider: if petitioner issues a fully evidenced application for stay/extension within a short timeframe, deadline for payment is extended until final disposal of that application or further order.