King & Ors v Kings Solutions Group Ltd & Ors (Costs)

King & Ors v Kings Solutions Group Ltd & Ors (Costs)

Petitioners to pay 25% of Applicants’ costs of the application due to partial success; 75% of costs to be costs in the petition. Payment on account of £40,000 ordered. No permission to appeal granted as no real prospect of success or compelling reason shown.

Parties
Petitioner: Anthony King; Petitioner: James Patrick King; Petitioner: Susan May King; Respondent: Kings Solutions Group Limited; Respondent: Primekings Holding Limited; Respondent: Robin Fisher; Respondent: Barry Stiefel; Respondent: Geoffrey Zeidler; Respondent: Kings Security Systems Limited
Jurisdiction
England and Wales
Judgment Date
19 November 2020
Procedural Posture
Unfair Prejudice Petition / Costs Judgment Following Strike Out Application
Outcome
Application partially successful; costs apportioned.
Legal Topics
Unfair Prejudice, Strike Out Application, Costs, Permission to Appeal
Company Law Civil Procedure Unfair Prejudice Strike Out Application Costs Permission to Appeal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Anthony King

Petitioner

James Patrick King

Petitioner

Susan May King

Petitioner

Kings Solutions Group Limited

Respondent

Primekings Holding Limited

Respondent

Robin Fisher

Respondent

Barry Stiefel

Respondent

Geoffrey Zeidler

Respondent

Kings Security Systems Limited

Respondent

Procedural Posture

Unfair Prejudice Petition / Costs Judgment Following Strike Out Application

Legal Issues

  1. 1 Whether certain passages in Points of Claim should be struck out for abuse of process or lack of connection to company affairs
  2. 2 Appropriate costs order following partial success on strike out application
  3. 3 Permission to appeal

Ratio Decidendi

Petitioners to pay 25% of Applicants’ costs of the application due to partial success; 75% of costs to be costs in the petition. Payment on account of £40,000 ordered. No permission to appeal granted as no real prospect of success or compelling reason shown.

Court Disposition

Application partially successful; costs apportioned.

Orders

  • Petitioners to pay 25% of Applicants’ costs of the application.
  • Petitioners to make payment on account of £40,000 within 28 days.