Threlfall v ECD Insight Ltd & Anor

Threlfall v ECD Insight Ltd & Anor

Given Mr Whitney's absolute control of ECD, his personal financial interest, his knowing resiling from the contract, and his bad faith evidence, it is just to make him personally liable for Mr Threlfall's costs, applying the principles for non-party costs orders by analogy.

Parties
Appellant: Axel Threlfall; Respondent: ECD Insight Ltd; Respondent: Mr Whitney
Jurisdiction
England and Wales
Judgment Date
29 October 2013
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Costs Order
Outcome
Appeal allowed
Legal Topics
Variation of Employment Contract, Share Entitlement, Non Party Costs Order, Director Liability for Costs, Corporate Veil, Fidelity Obligations
Employment Law Company Law Civil Procedure Variation of Employment Contract Share Entitlement Non Party Costs Order Director Liability for Costs Corporate Veil +1 more

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Parties

Axel Threlfall

Appellant

ECD Insight Ltd

Respondent

Mr Whitney

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Costs Order

Legal Issues

  1. 1 Whether the director (Mr Whitney) should be personally liable for costs incurred by the company (ECD) in litigation with a former employee (Mr Threlfall)
  2. 2 Whether the High Court judge erred by failing to consider the principles applicable to non-party costs orders when refusing to make Mr Whitney liable for costs

Ratio Decidendi

Given Mr Whitney's absolute control of ECD, his personal financial interest, his knowing resiling from the contract, and his bad faith evidence, it is just to make him personally liable for Mr Threlfall's costs, applying the principles for non-party costs orders by analogy.

Court Disposition

Appeal allowed

Orders

  • Mr Whitney to pay Mr Threlfall’s costs of the action