RUSHBROOKE UK LTD v 4 DESIGNS CONCEPT LTD

RUSHBROOKE UK LTD v 4 DESIGNS CONCEPT LTD

The applicant is liable for the respondent's costs, assessed on the standard basis, as the application was struck out and there was no conduct justifying indemnity costs. The director, Mr Steventon-Smith, is not liable as a non-party because there was no impropriety or personal benefit, and he was not joined as a...

Source-derived case information.

Parties
Applicant: Rushbrooke UK Ltd; Respondent: 4 Designs Concept Ltd
Jurisdiction
England and Wales
Judgment Date
15 June 2022
Procedural Posture
Civil (insolvency) / Costs Ruling After Application for Injunction to Restrain Winding Up Petition Was Struck Out
Outcome
Applicant ordered to pay respondent's costs; no order against director as non-party; wasted costs issue deferred.
Legal Topics
Costs Orders, Non Party Costs Liability, Authority of Company Directors, Summary Assessment of Costs
Insolvency Law Civil Procedure Costs Orders Non Party Costs Liability Authority of Company Directors Summary Assessment of Costs

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Summary, issues, holding and outcome

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Parties

Rushbrooke UK Ltd

Applicant

4 Designs Concept Ltd

Respondent

Procedural Posture

Civil (insolvency) / Costs Ruling After Application for Injunction to Restrain Winding Up Petition Was Struck Out

Legal Issues

  1. 1 Whether the applicant and/or its director should be liable for the respondent's costs
  2. 2 Whether costs should be assessed on the indemnity or standard basis
  3. 3 Whether the applicant's solicitors should be jointly liable for wasted costs (deferred)

Ratio Decidendi

The applicant is liable for the respondent's costs, assessed on the standard basis, as the application was struck out and there was no conduct justifying indemnity costs. The director, Mr Steventon-Smith, is not liable as a non-party because there was no impropriety or personal benefit, and he was not joined as a party for costs purposes.

Court Disposition

Applicant ordered to pay respondent's costs; no order against director as non-party; wasted costs issue deferred.

Orders

  • Applicant to pay respondent's costs of the application, summarily assessed at £7920 (including VAT), by 4 pm on 29 June 2022.
  • No order that Mr Steventon-Smith be jointly liable with the applicant for those costs.