Ultraframe (UK) Ltd. v Fielding & Ors [2005] EWHC 2506 (Ch) (11 November 2005)

Ultraframe (UK) Ltd. v Fielding & Ors [2005] EWHC 2506 (Ch) (11 November 2005)

No exceptional circumstances or palpable error were demonstrated; the discretionary costs judgment stands and will not be reopened.

Citation
[2005] EWHC 2506 (Ch)
Parties
Claimant: Ultraframe (UK) Limited; Defendant: Gary Fielding; Defendant: Northstar Systems Limited; Defendant: Seaquest Systems Limited; Defendant: Alan Clayton; Defendant: Jeffrey Naden; Claimant: Northstar Systems Limited (in liquidation); Claimant: Seaquest Systems Limited (in liquidation); Defendant: Gary John Fielding; Defendant: BCP Plastics Limited; Defendant: The Burnden Group PLC; Defendant: Sally Anne Fielding; Defendant: Burnden Holdings (UK) Limited; Defendant: K2 Conservatory Roof Systems Limited; Part 20 Defendant: Edwin Birkett; Claimant: The Burnden Group PLC
Jurisdiction
England and Wales
Judgment Date
11 November 2005
Procedural Posture
Costs Application Following Trial Judgment / Post Judgment Reconsideration of Costs Order
Outcome
Application dismissed
Legal Topics
Costs, Reconsideration of Judgment, Discretionary Decisions, Part 36 Offers
Civil Procedure Costs Reconsideration of Judgment Discretionary Decisions Part 36 Offers

Case Brief

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Parties

Ultraframe (UK) Limited

Claimant

Gary Fielding

Defendant

Northstar Systems Limited

Defendant

Seaquest Systems Limited

Defendant

Alan Clayton

Defendant

Jeffrey Naden

Defendant

Northstar Systems Limited (in liquidation)

Claimant

Seaquest Systems Limited (in liquidation)

Claimant

Gary John Fielding

Defendant

BCP Plastics Limited

Defendant

The Burnden Group PLC

Defendant

Sally Anne Fielding

Defendant

Burnden Holdings (UK) Limited

Defendant

K2 Conservatory Roof Systems Limited

Defendant

Edwin Birkett

Part 20 Defendant

The Burnden Group PLC

Claimant

Procedural Posture

Costs Application Following Trial Judgment / Post Judgment Reconsideration of Costs Order

Legal Issues

  1. 1 Whether the court should reconsider its previous costs order
  2. 2 Whether there was a palpable error in the costs judgment

Ratio Decidendi

No exceptional circumstances or palpable error were demonstrated; the discretionary costs judgment stands and will not be reopened.

Court Disposition

Application dismissed

Orders

  • Ultraframe's application for reconsideration of costs is dismissed
  • Ultraframe to pay costs summarily assessed at £1750