Airey v Cordell & Ors

Airey v Cordell & Ors

The Claimant was justified in launching the action and entitled to recover costs of the application up to 24 August 2006 from the first to third Defendants, and the entirety of his costs of the action from the fifth Defendant, with interim payments ordered.

Parties
Claimant: Russell Robert Airey; Defendant: Michael Cordell; Defendant: Richard Taffinder; Defendant: Ian George; Defendant: E-Plate Limited; Defendant: Hills Numberplate Holdings PLC; Defendant: Hills Numberplates Limited
Jurisdiction
England and Wales
Judgment Date
27 February 2007
Procedural Posture
Derivative Action / Post Settlement Costs Determination
Outcome
Costs awarded to Claimant as specified; interim payments ordered.
Legal Topics
Derivative Actions, Costs, Consent Orders
Company Law Civil Procedure Derivative Actions Costs Consent Orders

Case Brief

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Parties

Russell Robert Airey

Claimant

Michael Cordell

Defendant

Richard Taffinder

Defendant

Ian George

Defendant

E-Plate Limited

Defendant

Hills Numberplate Holdings PLC

Defendant

Hills Numberplates Limited

Defendant

Procedural Posture

Derivative Action / Post Settlement Costs Determination

Legal Issues

  1. 1 Entitlement to costs following settlement of derivative action
  2. 2 Allocation of costs between defendants
  3. 3 Interim payment on account of costs

Ratio Decidendi

The Claimant was justified in launching the action and entitled to recover costs of the application up to 24 August 2006 from the first to third Defendants, and the entirety of his costs of the action from the fifth Defendant, with interim payments ordered.

Court Disposition

Costs awarded to Claimant as specified; interim payments ordered.

Orders

  • First, second and third Defendants to pay Claimant's costs of the application to continue as a derivative action up to and including 24 August 2006, assessed on standard basis if not agreed.
  • Fifth and sixth Defendants to pay Claimant's costs of the action (including application costs not recovered from first to third Defendants), assessed on standard basis if not agreed.