Burnden Holdings (UK) Ltd & Anor v Fielding & Anor

Burnden Holdings (UK) Ltd & Anor v Fielding & Anor

Griffins are a real party to the litigation for purposes of third-party costs jurisdiction, but their liability is limited to the amount of funding contributed (£478,265), applying the Arkin cap, as this is just in all circumstances given their role and risk assumed.

Parties
Claimant: Burnden Holdings (UK) Limited (in liquidation); Claimant: Stephen John Hunt (as liquidator of Burnden Holdings (UK) Limited); Defendant: Gary John Fielding; Defendant: Sally Anne Fielding; Third Party Funder: Project Appledene PC (a cell of a protected cell company incorporated in Jersey); Third Party Funder: Griffins (a firm)
Jurisdiction
England and Wales
Judgment Date
07 November 2019
Procedural Posture
Civil / Post Trial Consequential Hearing
Outcome
Griffins ordered to pay defendants’ costs limited to £478,265; no order as to costs for first consequential hearing except costs of permission to appeal to follow outcome of appeal.
Legal Topics
Third Party Costs Orders, Litigation Funding, Arkin Cap, Liquidator Remuneration
Civil Procedure Insolvency Costs Third Party Costs Orders Litigation Funding Arkin Cap Liquidator Remuneration

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Parties

Burnden Holdings (UK) Limited (in liquidation)

Claimant

Stephen John Hunt (as liquidator of Burnden Holdings (UK) Limited)

Claimant

Gary John Fielding

Defendant

Sally Anne Fielding

Defendant

Project Appledene PC (a cell of a protected cell company incorporated in Jersey)

Third Party Funder

Griffins (a firm)

Third Party Funder

Procedural Posture

Civil / Post Trial Consequential Hearing

Legal Issues

  1. 1 Whether Griffins should be liable for defendants’ costs as a third-party funder
  2. 2 Whether the Arkin cap applies to Griffins’ liability
  3. 3 Appropriate costs award for the first consequential hearing

Ratio Decidendi

Griffins are a real party to the litigation for purposes of third-party costs jurisdiction, but their liability is limited to the amount of funding contributed (£478,265), applying the Arkin cap, as this is just in all circumstances given their role and risk assumed.

Court Disposition

Griffins ordered to pay defendants’ costs limited to £478,265; no order as to costs for first consequential hearing except costs of permission to appeal to follow outcome of appeal.

Orders

  • Griffins to pay defendants’ costs limited to £478,265.
  • No order as to costs for first consequential hearing (costs issues).