Darren Fernie v Burton Waters Management Ltd & Anor
The threshold for joining Darren Fernie as a third party for costs was met, and he will have full opportunity to contest any third-party costs order; there is no merit in the renewed application for permission to appeal.
- Parties
- Claimant/appellant: Darren Fernie; Defendant/respondent: Burton Waters Management Ltd; Defendant/respondent: Banks Long & Co
- Jurisdiction
- England and Wales
- Judgment Date
- 27 June 2024
- Procedural Posture
- Civil Appeal / Renewed Application for Permission to Appeal
- Outcome
- Application dismissed
- Legal Topics
- Third Party Costs Orders, Joinder of Parties, Strike Out Applications, Data Protection Breach, Misuse of Private Information, Breach of Confidence, Reasonable Expectation of Privacy
Case Brief
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
Civil Appeal / Renewed Application for Permission to Appeal
Legal Issues
- 1 Whether the threshold for joining Darren Fernie as a third party for costs was met
- 2 Whether the judge's prior findings prejudiced the third-party costs application
- 3 Whether permission to appeal should be granted
Ratio Decidendi
The threshold for joining Darren Fernie as a third party for costs was met, and he will have full opportunity to contest any third-party costs order; there is no merit in the renewed application for permission to appeal.
Court Disposition
Application dismissed
Orders
- Renewed application for permission to appeal is dismissed
Full Case Text
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