Omniway Properties Ltd v Fairlamb & Ors
It is reasonably arguable that the judge's order authorising the third respondent to pay the legal expenses of the first and second respondents lacked adequate safeguards, monitoring, and clarity regarding indemnity and repayment, justifying the grant of permission to appeal and a stay of the relevant order.
- Parties
- Appellant: Omniway Properties Limited; Respondents: Fairlamb & Others
- Jurisdiction
- England and Wales
- Judgment Date
- 12 February 2008
- Procedural Posture
- Civil Appeal / Application for Permission to Appeal and Stay
- Outcome
- application granted
- Legal Topics
- Freezing Orders, Director Duties, Costs Indemnity, Appeal Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
Omniway Properties Limited
Appellant
Fairlamb & Others
Respondents
Procedural Posture
Civil Appeal / Application for Permission to Appeal and Stay
Legal Issues
- 1 Whether the court had jurisdiction to authorise the third respondent to pay the legal expenses of the first and second respondents under a freezing order
- 2 Whether the proportion of costs to be paid by the directors was adequately monitored or secured
- 3 Whether the terms of the indemnity for costs were sufficiently clear and enforceable
Ratio Decidendi
It is reasonably arguable that the judge's order authorising the third respondent to pay the legal expenses of the first and second respondents lacked adequate safeguards, monitoring, and clarity regarding indemnity and repayment, justifying the grant of permission to appeal and a stay of the relevant order.
Court Disposition
application granted
Orders
- Leave to appeal granted
- Leave to amend grounds of appeal granted
Full Case Text
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