Virdi v RK Joinery Limited

Mr Virdi was solely responsible for generating and advancing a defence that was totally without merit and bound to fail; he was the real party seeking benefit from the litigation, and justice required that he be held liable for the costs, notwithstanding the absence of dishonesty or professional misconduct.

Parties: Appellant/third Party: Amritpal Singh Virdi; Respondent/claimant: R K Joinery Limited; Defendant: Ramneek Kaur Virdi
Jurisdiction: England and Wales
Judgment Date: 24 October 2014
Procedural Posture: Civil Appeal / Judgment on Appeal Against Third Party Costs Order
Outcome: Appeal dismissed
Legal Topics: Third Party Costs Orders, Non Party Liability for Costs, Control of Litigation, Professional Standards

Civil Procedure Costs Third Party Costs Orders Non Party Liability for Costs Control of Litigation Professional Standards

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 5

Parties

Amritpal Singh Virdi

Appellant/third Party

R K Joinery Limited

Respondent/claimant

Ramneek Kaur Virdi

Defendant

Procedural Posture

Civil Appeal / Judgment on Appeal Against Third Party Costs Order

Legal Issues

1 Whether a third party costs order should be made against Mr Virdi under section 51 of the Senior Courts Act 1981
2 Whether Mr Virdi was the 'real party' controlling the litigation and seeking his own benefit
3 Whether Mr Virdi’s conduct as a solicitor in his personal affairs justified a costs order

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Mr Virdi to pay RKJ’s costs of the proceedings, subject to detailed assessment on the indemnity basis if not agreed
Mr Virdi to make an interim payment of £36,000 within 21 days