Alan Phillips Associates Ltd v Terence Edward Dowling (t/a The Joseph Dowling Partnership & Ors

Alan Phillips Associates Ltd v Terence Edward Dowling (t/a The Joseph Dowling Partnership & Ors

Given the close identity between Mr Phillips and his company, his control and benefit from the litigation, and his deliberate failure to notify insurers, it is just to make a third party costs order against him personally.

Parties
Claimant/appellant: Alan Phillips Associates Ltd; Defendants/respondents: Terence Edward Dowling t/a The Joseph Dowling Partnership & Ors
Jurisdiction
England and Wales
Judgment Date
12 January 2007
Procedural Posture
Civil Appeal / Appeal From County Court Order on Third Party Costs
Outcome
appeal dismissed
Legal Topics
Third Party Costs Order, Piercing the Corporate Veil, Professional Indemnity Insurance, Director Liability
Civil Procedure Company Law Professional Negligence Third Party Costs Order Piercing the Corporate Veil Professional Indemnity Insurance Director Liability

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Parties

Alan Phillips Associates Ltd

Claimant/appellant

Terence Edward Dowling t/a The Joseph Dowling Partnership & Ors

Defendants/respondents

Procedural Posture

Civil Appeal / Appeal From County Court Order on Third Party Costs

Legal Issues

  1. 1 Whether a third party costs order should be made against Mr Alan Phillips personally under section 51 of the Supreme Court Act 1981
  2. 2 Whether the corporate veil should be pierced due to the close identity between Mr Phillips and his company
  3. 3 Whether Mr Phillips' failure to notify insurers justifies a costs order against him

Ratio Decidendi

Given the close identity between Mr Phillips and his company, his control and benefit from the litigation, and his deliberate failure to notify insurers, it is just to make a third party costs order against him personally.

Court Disposition

appeal dismissed

Orders

  • Third party costs order against Mr Alan Phillips personally upheld
  • Appellant to pay costs as ordered by the lower court