Baker v Quantum Clothing Group Ltd & Anor

Baker v Quantum Clothing Group Ltd & Anor

Given that Mrs Baker's appeal is a vehicle for issues of broad public interest, that Quantum's costs are covered, and that Meridian and Pretty Polly are not her chosen respondents but joined for their own interests, the least injustice is to allow the appeal to proceed with Meridian and Pretty Polly bearing their own costs regardless of outcome, rather than stifling the appeal.

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 Pre Emptive Costs Order on Appeal
Outcome
Application granted
Legal Topics
Pre Emptive Costs Orders, Joinder of Parties, Access to Justice, ATE Insurance, Group Litigation
Civil Procedure Costs Pre Emptive Costs Orders Joinder of Parties Access to Justice ATE Insurance Group Litigation

Case Brief

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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 Pre Emptive 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 there was a sufficient change of circumstances to justify revisiting the costs order
  3. 3 Whether the appeal should be stifled due to lack of funding for respondents' costs

Ratio Decidendi

Given that Mrs Baker's appeal is a vehicle for issues of broad public interest, that Quantum's costs are covered, and that Meridian and Pretty Polly are not her chosen respondents but joined for their own interests, the least injustice is to allow the appeal to proceed with Meridian and Pretty Polly bearing their own costs regardless of outcome, rather than stifling the appeal.

Court Disposition

Application granted

Orders

  • Meridian and Pretty Polly to bear their own costs of the appeal regardless of outcome