Fernie v Burton Waters Management Ltd & Anor [2023] EWHC 2047 (KB) (13 June 2023)

Fernie v Burton Waters Management Ltd & Anor [2023] EWHC 2047 (KB) (13 June 2023)

The threshold for joining Darren Fernie as a third party for costs was met; he will have the opportunity to contest the third-party costs order, and the judge's course was appropriate. There is no merit in the renewed application for permission to appeal.

Source-derived case information.

Citation
[2023] EWHC 2047 (KB)
Parties
Claimant/appellant: Darren Fernie; Defendant/respondent: Burton Waters Management Ltd; Defendant/respondent: Banks Long & Co
Jurisdiction
England and Wales
Judgment Date
13 June 2023
Procedural Posture
Renewed Application for Permission to Appeal / Permission to Appeal Hearing
Outcome
Renewed application for permission to appeal dismissed
Legal Topics
Third Party Costs Orders, Joinder of Parties, Data Protection Breach, Misuse of Private Information, Strike Out Applications
Civil Procedure Data Protection Costs Third Party Costs Orders Joinder of Parties Data Protection Breach Misuse of Private Information Strike Out Applications

Source-derived case record

Summary, issues, holding and outcome

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Parties

Darren Fernie

Claimant/appellant

Burton Waters Management Ltd

Defendant/respondent

Banks Long & Co

Defendant/respondent

Procedural Posture

Renewed Application for Permission to Appeal / Permission to Appeal Hearing

Legal Issues

  1. 1 Whether the threshold for joining Darren Fernie as a third party for costs was met
  2. 2 Whether Darren Fernie should be granted permission to appeal the order joining him as a third party for costs
  3. 3 Whether justice is seen to be done when the same judge hears both the strike-out and third-party costs applications

Ratio Decidendi

The threshold for joining Darren Fernie as a third party for costs was met; he will have the opportunity to contest the third-party costs order, and the judge's course was appropriate. There is no merit in the renewed application for permission to appeal.

Court Disposition

Renewed application for permission to appeal dismissed

Orders

  • Renewed application for permission to appeal is dismissed