Dale Heathcote & Anor v Asertis Limited

Dale Heathcote & Anor v Asertis Limited

The judge did not err in principle or exceed discretion by making a global costs order, as both parties invited him to do so and did not request separate treatment of the claims or defendants; appellate review does not permit criticism for failure to consider factors not raised below.

Parties
Appellants: Dale Heathcote & Another; Respondent: Asertis Limited
Jurisdiction
England and Wales
Judgment Date
21 November 2024
Procedural Posture
Civil Appeal / Judgment on Appeal From High Court Costs Order
Outcome
Appeal dismissed
Legal Topics
Costs Orders, Litigation Funding, Director's Duties, Preferences Under Insolvency Act
Civil Procedure Insolvency Costs Orders Litigation Funding Director's Duties Preferences Under Insolvency Act

Case Brief

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Parties

Dale Heathcote & Another

Appellants

Asertis Limited

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From High Court Costs Order

Legal Issues

  1. 1 Whether the trial judge exceeded discretion in making a global costs order covering two distinct claims and defendants
  2. 2 Whether the identification of the successful party was properly undertaken before exercising discretion on costs

Ratio Decidendi

The judge did not err in principle or exceed discretion by making a global costs order, as both parties invited him to do so and did not request separate treatment of the claims or defendants; appellate review does not permit criticism for failure to consider factors not raised below.

Court Disposition

Appeal dismissed

Orders

  • No change to costs order; Defendants to pay 75% of Claimant's costs on standard basis to be assessed if not agreed.