Costar UK Ltd v Low & Ors

Costar UK Ltd v Low & Ors

The court had jurisdiction to make a costs order against Mr Frostick under section 51 of the Senior Courts Act 1981, even though he was not yet a party to the proceedings at the time of the order. The procedural requirements of CPR 48.2 did not apply as he was being joined as a substantive party, not for costs only. His refusal to consent to joinder necessitated the oral hearing, justifying the costs order. There was no infringement of his right to a fair trial under Article 6 ECHR.

Parties
Claimant: Costar UK Limited; Defendant: James George Low; Defendant: Jasmine Consultants Limited; Defendant: Red Leads Limited (in liquidation); Defendant: Darren Frostick
Jurisdiction
England and Wales
Judgment Date
19 March 2014
Procedural Posture
Civil Appeal / Appeal Against Costs Order Following Joinder Application
Outcome
Appeal dismissed
Legal Topics
Costs, Joinder of Parties, Civil Procedure Rules, Human Rights
Civil Procedure Costs Joinder of Parties Civil Procedure Rules Human Rights

Case Brief

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Parties

Costar UK Limited

Claimant

James George Low

Defendant

Jasmine Consultants Limited

Defendant

Red Leads Limited (in liquidation)

Defendant

Darren Frostick

Defendant

Procedural Posture

Civil Appeal / Appeal Against Costs Order Following Joinder Application

Legal Issues

  1. 1 Whether the court had jurisdiction to make a costs order against a person not yet a party to proceedings
  2. 2 Whether the exercise of discretion in making the costs order was erroneous in principle or wholly wrong
  3. 3 Whether the costs order infringed the right to a fair trial under Article 6 of the Human Rights Convention

Ratio Decidendi

The court had jurisdiction to make a costs order against Mr Frostick under section 51 of the Senior Courts Act 1981, even though he was not yet a party to the proceedings at the time of the order. The procedural requirements of CPR 48.2 did not apply as he was being joined as a substantive party, not for costs only. His refusal to consent to joinder necessitated the oral hearing, justifying the costs order. There was no infringement of his right to a fair trial under Article 6 ECHR.

Court Disposition

Appeal dismissed

Orders

  • Mr Frostick to pay the Respondent's costs of the appeal assessed at £4,200 plus VAT, payable according to the timetable set by the court.