McLean & Anor v Woolf & Ors [2003] EWHC 9046 (Costs) (2 November 2003)

McLean & Anor v Woolf & Ors [2003] EWHC 9046 (Costs) (2 November 2003)

D & J were actively involved in the proceedings, adopted defences personally, and did not seek to discharge themselves as inappropriate parties; therefore, costs orders against them were justified.

Citation
[2003] EWHC 9046 (Costs)
Parties
Appellant: McLean; Appellant: J; Respondent: Woolf; Respondent: Others
Jurisdiction
England and Wales
Judgment Date
02 November 2003
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Costs Orders, Breach of Fiduciary Duty, Sham Leases, Party Appropriateness
Civil Procedure Company Law Costs Orders Breach of Fiduciary Duty Sham Leases Party Appropriateness

Case Brief

Summary, issues, holding and outcome

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Parties

McLean

Appellant

J

Appellant

Woolf

Respondent

Others

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether costs orders should be made against D & J personally or against their companies
  2. 2 Whether D & J were appropriate parties to the proceedings
  3. 3 Whether the leases were shams and breaches of fiduciary duty occurred

Ratio Decidendi

D & J were actively involved in the proceedings, adopted defences personally, and did not seek to discharge themselves as inappropriate parties; therefore, costs orders against them were justified.

Court Disposition

appeal dismissed

Orders

  • Costs orders against D & J upheld