Sir Henry Royce Memorial Foundation v Hardy [2021] EWHC 817 (Ch) (01 April 2021)

Sir Henry Royce Memorial Foundation v Hardy [2021] EWHC 817 (Ch) (01 April 2021)

Defendant's conduct was well out of the norm, justifying indemnity costs; claimant entitled to costs, but due to size of claim, detailed assessment ordered with payment on account; permission to appeal refused as grounds were fanciful and lacked real prospect of success.

Source-derived case information.

Citation
[2021] EWHC 817 (Ch)
Parties
Claimant: Sir Henry Royce Memorial Foundation; Defendant: Mark Gregory Hardy
Jurisdiction
England and Wales
Judgment Date
01 April 2021
Procedural Posture
Claim for Order Under Section 117 Companies Act 2006 / Post Trial Consequential Matters
Outcome
Claimant's application for indemnity costs granted; detailed assessment ordered; payment on account ordered; permission to appeal refused.
Legal Topics
Members Register Inspection, Costs Assessment, Proper Purpose Under Companies Act, Permission to Appeal
Company Law Civil Procedure Members Register Inspection Costs Assessment Proper Purpose Under Companies Act Permission to Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Sir Henry Royce Memorial Foundation

Claimant

Mark Gregory Hardy

Defendant

Procedural Posture

Claim for Order Under Section 117 Companies Act 2006 / Post Trial Consequential Matters

Legal Issues

  1. 1 Whether defendant's request for inspection under section 116 Companies Act 2006 was valid
  2. 2 Whether request was made for a proper purpose
  3. 3 Appropriate basis and method for costs assessment

Ratio Decidendi

Defendant's conduct was well out of the norm, justifying indemnity costs; claimant entitled to costs, but due to size of claim, detailed assessment ordered with payment on account; permission to appeal refused as grounds were fanciful and lacked real prospect of success.

Court Disposition

Claimant's application for indemnity costs granted; detailed assessment ordered; payment on account ordered; permission to appeal refused.

Orders

  • Defendant to pay claimant's costs on indemnity basis, subject to detailed assessment.
  • Defendant to pay 60% of claimed costs (£97,669.61) on account within 14 days.