Ultraframe (UK) Ltd. v Fielding & Ors

Ultraframe (UK) Ltd. v Fielding & Ors

No exceptional circumstances or palpable error were demonstrated; the discretionary costs ruling stands and reconsideration is not appropriate.

Parties
Claimant: Ultraframe (UK) Limited; Defendant: Gary Fielding; Defendant: Northstar Systems Limited (in liquidation); Defendant: Seaquest Systems Limited (in liquidation); Defendant: Alan Clayton; Defendant: Jeffrey Naden; 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
Jurisdiction
England and Wales
Judgment Date
11 November 2005
Procedural Posture
Civil / Post Trial Costs Reconsideration
Outcome
Application dismissed
Legal Topics
Costs, Reconsideration of Judgment
Civil Procedure Costs Reconsideration of Judgment

Case Brief

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Parties

Ultraframe (UK) Limited

Claimant

Gary Fielding

Defendant

Northstar Systems Limited (in liquidation)

Defendant

Seaquest Systems Limited (in liquidation)

Defendant

Alan Clayton

Defendant

Jeffrey Naden

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

Defendant

Procedural Posture

Civil / Post Trial Costs Reconsideration

Legal Issues

  1. 1 Whether the court should reconsider its previous costs ruling
  2. 2 Whether there was a palpable error justifying reopening the costs judgment

Ratio Decidendi

No exceptional circumstances or palpable error were demonstrated; the discretionary costs ruling stands and reconsideration is not appropriate.

Court Disposition

Application dismissed

Orders

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