Popely & Anor v Popely & Ors

Popely & Anor v Popely & Ors

John Henry Popely was the real party behind the litigation, controlled its conduct, and stood to benefit, thus it is just that he be jointly and severally liable for costs. Cosmos Trust Limited neither funded nor stood to benefit from the proceedings and took no active part, so should not be liable for costs.

Source-derived case information.

Parties
Claimant: John Anthony Popely; Claimant: Andrew Popely; Defendant: Ronald Albert Popely; Defendant: Cosmos Trust Limited; Defendant: Casterbridge Properties Limited; Defendant: John Henry Popely
Jurisdiction
England and Wales
Judgment Date
19 March 2020
Procedural Posture
Civil / Post Trial Costs Determination
Outcome
Costs order made against John Henry Popely; no costs order against Cosmos Trust Limited.
Legal Topics
Non Party Costs Orders, Double Derivative Actions, Fiduciary Duty, Fraudulent Breach of Trust
Civil Procedure Trusts and Equity Non Party Costs Orders Double Derivative Actions Fiduciary Duty Fraudulent Breach of Trust

Source-derived case record

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Parties

John Anthony Popely

Claimant

Andrew Popely

Claimant

Ronald Albert Popely

Defendant

Cosmos Trust Limited

Defendant

Casterbridge Properties Limited

Defendant

John Henry Popely

Defendant

Procedural Posture

Civil / Post Trial Costs Determination

Legal Issues

  1. 1 Whether a third party costs order should be made against John Henry Popely
  2. 2 Whether Cosmos Trust Limited should be liable for costs as a party to the proceedings

Ratio Decidendi

John Henry Popely was the real party behind the litigation, controlled its conduct, and stood to benefit, thus it is just that he be jointly and severally liable for costs. Cosmos Trust Limited neither funded nor stood to benefit from the proceedings and took no active part, so should not be liable for costs.

Court Disposition

Costs order made against John Henry Popely; no costs order against Cosmos Trust Limited.

Orders

  • John Henry Popely is jointly and severally liable with the claimants for the costs of the action.
  • Cosmos Trust Limited is not liable for costs.