Baker v Quantum Clothing Group Ltd & Anor [2008] EWCA Civ 823 (11 June 2008)

Baker v Quantum Clothing Group Ltd & Anor [2008] EWCA Civ 823 (11 June 2008)

Given the critical change of circumstance that Mrs Baker's ATE underwriters will not cover the costs of Meridian and Pretty Polly, and that the appeal would otherwise be stifled, the court finds it just to order that Meridian and Pretty Polly bear their own costs regardless of outcome, as they are not the...

Source-derived case information.

Citation
[2008] EWCA Civ 823
Parties
Appellant: Stephanie Baker; First Respondent: Quantum Clothing Group Limited; Second Respondent: Meridian Limited (formerly Courtaulds Plc); Third Respondent: Pretty Polly
Jurisdiction
England and Wales
Judgment Date
11 June 2008
Procedural Posture
Civil Appeal / Application for Costs Order on Appeal
Outcome
Application granted
Legal Topics
Costs Orders, Noise Induced Hearing Loss, Group Litigation/test Cases, Access to Justice, ATE Insurance, Conditional Fee Agreements
Civil Procedure Personal Injury Employment Law Costs Orders Noise Induced Hearing Loss Group Litigation/test Cases Access to Justice ATE Insurance +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Stephanie Baker

Appellant

Quantum Clothing Group Limited

First Respondent

Meridian Limited (formerly Courtaulds Plc)

Second Respondent

Pretty Polly

Third Respondent

Procedural Posture

Civil Appeal / Application for Costs Order on Appeal

Legal Issues

  1. 1 Whether Meridian and Pretty Polly should bear their own costs on appeal regardless of outcome
  2. 2 Whether a change of circumstance justifies revisiting the costs order
  3. 3 Whether the appeal should be stifled due to lack of funding for respondents' costs

Ratio Decidendi

Given the critical change of circumstance that Mrs Baker's ATE underwriters will not cover the costs of Meridian and Pretty Polly, and that the appeal would otherwise be stifled, the court finds it just to order that Meridian and Pretty Polly bear their own costs regardless of outcome, as they are not the appellant's chosen respondents and joined for their own interests in a matter of broad public importance.

Court Disposition

Application granted

Orders

  • Meridian and Pretty Polly shall bear their own costs of the appeal, regardless of outcome.