Protege Services Ltd, Re

Protege Services Ltd, Re

Respondents' failure to promptly agree to continuation of the injunction caused unnecessary costs to be incurred by petitioners; conduct merited a disciplinary costs order. Injunction to continue until trial or further order; respondents to pay petitioners' costs thrown away by the hearing, summarily assessed.

Parties
Claimant: Andrew Robinson; Claimant: Another (unspecified); Respondent: Andreas Charalambous; Respondent: Others (unspecified)
Jurisdiction
England and Wales
Judgment Date
26 May 2011
Procedural Posture
Injunction Application Under Section 994 Companies Act / Interlocutory Hearing (return Date for Injunction)
Outcome
Injunction to continue until trial or further order; respondents to pay petitioners' costs thrown away by hearing, costs summarily assessed; remaining costs reserved to trial judge.
Legal Topics
Directors' Duties, Shareholder Disputes, Injunctions, Costs Orders
Company Law Civil Procedure Directors' Duties Shareholder Disputes Injunctions Costs Orders

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Parties

Andrew Robinson

Claimant

Another (unspecified)

Claimant

Andreas Charalambous

Respondent

Others (unspecified)

Respondent

Procedural Posture

Injunction Application Under Section 994 Companies Act / Interlocutory Hearing (return Date for Injunction)

Legal Issues

  1. 1 Whether conduct of directors/shareholders breached personal obligations in a quasi-partnership company
  2. 2 Whether conduct amounted to breach of directors' duties actionable under section 994
  3. 3 Appropriate costs order for conduct of interim proceedings

Ratio Decidendi

Respondents' failure to promptly agree to continuation of the injunction caused unnecessary costs to be incurred by petitioners; conduct merited a disciplinary costs order. Injunction to continue until trial or further order; respondents to pay petitioners' costs thrown away by the hearing, summarily assessed.

Court Disposition

Injunction to continue until trial or further order; respondents to pay petitioners' costs thrown away by hearing, costs summarily assessed; remaining costs reserved to trial judge.

Orders

  • Respondents to pay petitioners' costs thrown away by hearing, reduced by £1,000 plus VAT.
  • Injunction granted by Mr Justice Mann to continue until trial or further order.