Sir Henry Royce Memorial Foundation v Hardy

Sir Henry Royce Memorial Foundation v Hardy

The defendant's conduct was out of the norm, justifying indemnity costs, but the size of the costs claimed required detailed assessment. The defendant's arguments regarding donations and the indemnity principle were rejected. Permission to appeal was refused as there was no real prospect of success or compelling reason.

Parties
Claimant: Sir Henry Royce Memorial Foundation; Defendant: Mark Gregory Hardy
Jurisdiction
England and Wales
Judgment Date
01 April 2021
Procedural Posture
Civil (companies/charity) / Post Trial Judgment on Costs and Permission to Appeal
Outcome
Claimant awarded costs on the indemnity basis, subject to detailed assessment; payment on account ordered; permission to appeal refused.
Legal Topics
Inspection of Company Register, Costs Assessment, Indemnity Costs, Permission to Appeal, Proper Purpose Under Companies Act
Company Law Civil Procedure Inspection of Company Register Costs Assessment Indemnity Costs Permission to Appeal Proper Purpose Under Companies Act

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 5 Authorities cited 17 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Sir Henry Royce Memorial Foundation

Claimant

Mark Gregory Hardy

Defendant

Procedural Posture

Civil (companies/charity) / Post Trial Judgment on Costs and Permission to Appeal

Legal Issues

  1. 1 Whether the defendant's request for inspection under section 116 Companies Act 2006 was for a proper purpose
  2. 2 Whether costs should be awarded on the indemnity basis
  3. 3 Whether costs should be summarily or detailed assessed

Ratio Decidendi

The defendant's conduct was out of the norm, justifying indemnity costs, but the size of the costs claimed required detailed assessment. The defendant's arguments regarding donations and the indemnity principle were rejected. Permission to appeal was refused as there was no real prospect of success or compelling reason.

Court Disposition

Claimant awarded costs on the indemnity basis, subject to detailed assessment; payment on account ordered; permission to appeal refused.

Orders

  • Defendant to pay claimant's costs of the claim on the indemnity basis, subject to detailed assessment.
  • Defendant to pay 60% of the claimant's schedule of costs on account within 14 days.