Joanne Laura Brierley v Christopher Howe & Anor

Joanne Laura Brierley v Christopher Howe & Anor

The first respondent was the successful party on the strike out application and is entitled to costs, summarily assessed at £30,000 plus VAT, payable within 21 days, subject to a rider permitting the petitioner to apply for deferral if evidence is filed promptly.

Parties
Petitioner: Joanne Laura Brierley; First Respondent: Christopher Howe; Second Respondent: 36 Bourne Street Limited
Jurisdiction
England and Wales
Judgment Date
12 April 2024
Procedural Posture
Company Petition (section 994 Companies Act 2006) / Post Strike Out Application; Costs Determination
Outcome
costs order against petitioner; summary assessment; payment deadline with rider for possible deferral application
Legal Topics
Costs, Strike Out Applications, Summary Assessment, Unfair Prejudice Petitions
Company Law Civil Procedure Costs Strike Out Applications Summary Assessment Unfair Prejudice Petitions

Case Brief

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Parties

Joanne Laura Brierley

Petitioner

Christopher Howe

First Respondent

36 Bourne Street Limited

Second Respondent

Procedural Posture

Company Petition (section 994 Companies Act 2006) / Post Strike Out Application; Costs Determination

Legal Issues

  1. 1 Who should bear the costs of the strike out application?
  2. 2 Should costs be summarily assessed or subject to detailed assessment?
  3. 3 Should payment of costs be deferred or subject to a deadline?

Ratio Decidendi

The first respondent was the successful party on the strike out application and is entitled to costs, summarily assessed at £30,000 plus VAT, payable within 21 days, subject to a rider permitting the petitioner to apply for deferral if evidence is filed promptly.

Court Disposition

costs order against petitioner; summary assessment; payment deadline with rider for possible deferral application

Orders

  • Petitioner to pay first respondent’s costs of and occasioned by the strike out application, summarily assessed at £30,000 plus VAT, within 21 days.
  • Order subject to a rider: if petitioner files a fully evidenced application for stay or extension within a specified short timeframe, payment deadline is extended until determination of that application or further order.