Transomas Limited & Anor v Kheri Trading Limited & Ors

Transomas Limited & Anor v Kheri Trading Limited & Ors

Jackie Kaur was the real party to the litigation, controlled and funded the claims for her own benefit, acted contrary to the companies' interests, engaged in improper and abusive conduct, and was warned of personal costs risk. It is just to make a non-party costs order against her to prevent injustice and risk-free litigation.

Parties
Claimant / Defendant: Transomas Limited; Claimant / Defendant: Transomas Investments Limited; Defendant / Claimant: Kheri Trading Limited; Defendant: Tarnjit Singh Gill; Third Party / Defendant: Jagjit Kaur
Jurisdiction
England and Wales
Judgment Date
14 June 2024
Procedural Posture
Civil (property/probate/trusts) / Costs Determination After Dismissal of Claims
Outcome
Non-party costs order granted against Jackie Kaur personally for the costs of both the Hotel Claim and the Redemption Claim.
Legal Topics
Non Party Costs Orders, Director Liability for Costs, Abuse of Process, Indemnity Costs
Civil Procedure Company Law Costs Non Party Costs Orders Director Liability for Costs Abuse of Process Indemnity Costs

Case Brief

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Parties

Transomas Limited

Claimant / Defendant

Transomas Investments Limited

Claimant / Defendant

Kheri Trading Limited

Defendant / Claimant

Tarnjit Singh Gill

Defendant

Jagjit Kaur

Third Party / Defendant

Procedural Posture

Civil (property/probate/trusts) / Costs Determination After Dismissal of Claims

Legal Issues

  1. 1 Whether Jackie Kaur should be personally liable for costs as a non-party under s.51 Senior Courts Act 1981
  2. 2 Whether Jackie Kaur was the real party to the litigation and acted in her own interests rather than the companies' interests
  3. 3 Whether the conduct of Jackie Kaur justified a non-party costs order

Ratio Decidendi

Jackie Kaur was the real party to the litigation, controlled and funded the claims for her own benefit, acted contrary to the companies' interests, engaged in improper and abusive conduct, and was warned of personal costs risk. It is just to make a non-party costs order against her to prevent injustice and risk-free litigation.

Court Disposition

Non-party costs order granted against Jackie Kaur personally for the costs of both the Hotel Claim and the Redemption Claim.

Orders

  • Jackie Kaur to pay the costs of Kheri Trading Limited and Mitch in both the Hotel Claim and the Redemption Claim on an indemnity basis.