Dweck v Forstater

Dweck v Forstater

The appellants were genuine pure funders motivated by family support, not malice or ulterior purpose; procedural unfairness occurred in the original hearing; the non-party costs orders were wrong and unjust and must be set aside.

Parties
Claimant: Leslie Dweck; Defendant/respondent: Mark Forstater; Appellant/third Party/respondent: Cynthia Rowbury; Appellant/third Party/respondent: Richard Dweck; Appellant/third Party/respondent: Suzy Dweck
Jurisdiction
England and Wales
Judgment Date
26 July 2010
Procedural Posture
Appeal / Judgment on Appeal Against Non Party Costs Order
Outcome
Appeal allowed; non-party costs orders set aside; application for non-party costs orders dismissed.
Legal Topics
Non Party Costs Orders, Pure Funders, Abuse of Process, Bankruptcy, Family Funding of Litigation
Civil Procedure Costs Non Party Costs Orders Pure Funders Abuse of Process Bankruptcy Family Funding of Litigation

Case Brief

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Parties

Leslie Dweck

Claimant

Mark Forstater

Defendant/respondent

Cynthia Rowbury

Appellant/third Party/respondent

Richard Dweck

Appellant/third Party/respondent

Suzy Dweck

Appellant/third Party/respondent

Procedural Posture

Appeal / Judgment on Appeal Against Non Party Costs Order

Legal Issues

  1. 1 Whether non-party costs orders should be made against family members who funded litigation
  2. 2 Whether the appellants were pure funders or had an interest in the litigation
  3. 3 Whether the funding was by loan or gift

Ratio Decidendi

The appellants were genuine pure funders motivated by family support, not malice or ulterior purpose; procedural unfairness occurred in the original hearing; the non-party costs orders were wrong and unjust and must be set aside.

Court Disposition

Appeal allowed; non-party costs orders set aside; application for non-party costs orders dismissed.

Orders

  • Appellants entitled to summary assessment of their costs to be paid by Mark Forstater.
  • Costs schedule to be used as basis for assessment.