Gresham International Ltd & Anor v Moonie & Ors

Gresham International Ltd & Anor v Moonie & Ors

The Secretary of State's sanction was not valid for proceedings already commenced as it was granted prospectively and not retrospectively; statutory requirements for retrospective sanction were not satisfied; Court may grant prospective sanction for costs incurred from the date of application but refuses retrospective sanction for costs incurred before that date.

Parties
Applicant: Gresham International Limited (In Liquidation); Applicant: Louise Mary Brittain; Respondent: William Thomas Moonie; Respondent: Myra Moonie; Respondent: Meadow Trading Company Limited; Respondent: Gresham (Gibraltar) Limited; Respondent: Alan Geoffrey Dickinson
Jurisdiction
England and Wales
Judgment Date
20 May 2009
Procedural Posture
Originating Application / Ruling on Sanction and Indemnity for Costs
Outcome
Prospective sanction granted for costs from 8th December 2008; retrospective sanction refused for costs incurred before that date.
Legal Topics
Liquidator's Sanction, Indemnity for Costs, Retrospective Sanction, Court's Supervisory Powers
Insolvency Company Law Liquidator's Sanction Indemnity for Costs Retrospective Sanction Court's Supervisory Powers

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Parties

Gresham International Limited (In Liquidation)

Applicant

Louise Mary Brittain

Applicant

William Thomas Moonie

Respondent

Myra Moonie

Respondent

Meadow Trading Company Limited

Respondent

Gresham (Gibraltar) Limited

Respondent

Alan Geoffrey Dickinson

Respondent

Procedural Posture

Originating Application / Ruling on Sanction and Indemnity for Costs

Legal Issues

  1. 1 Whether the Secretary of State's sanction was valid for proceedings already commenced
  2. 2 Whether the liquidator is entitled to indemnity for costs incurred before sanction
  3. 3 Whether the Court can grant retrospective sanction under its supervisory powers

Ratio Decidendi

The Secretary of State's sanction was not valid for proceedings already commenced as it was granted prospectively and not retrospectively; statutory requirements for retrospective sanction were not satisfied; Court may grant prospective sanction for costs incurred from the date of application but refuses retrospective sanction for costs incurred before that date.

Court Disposition

Prospective sanction granted for costs from 8th December 2008; retrospective sanction refused for costs incurred before that date.

Orders

  • Liquidator granted prospective sanction for all claims and costs from 8th December 2008.
  • Liquidator refused retrospective sanction for costs incurred before 8th December 2008.