Alan Phillips Associates Ltd v Terence Edward Dowling (t/a The Joseph Dowling Partnership & Ors [2007] EWCA Civ 64 (12 January 2007)

Alan Phillips Associates Ltd v Terence Edward Dowling (t/a The Joseph Dowling Partnership & Ors [2007] EWCA Civ 64 (12 January 2007)

There was such a close identity between Mr Phillips and the company, and Mr Phillips controlled and benefited from the litigation, that it was just to make a third party costs order against him personally. His deliberate failure to notify insurers and the manner in which he conducted the litigation through the company justified piercing the corporate veil for costs liability.

Citation
[2007] EWCA Civ 64
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
Outcome
appeal dismissed
Legal Topics
Third Party Costs Orders, Corporate Veil, Professional Indemnity Insurance, Director Liability
Civil Procedure Company Law Professional Negligence Third Party Costs Orders Corporate Veil Professional Indemnity Insurance Director Liability

Case Brief

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 3 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

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

Legal Issues

  1. 1 Whether a third party costs order should be made against Mr Alan Phillips personally despite litigation being conducted in the name of Alan Phillips Associates Ltd
  2. 2 Whether Mr Phillips' conduct in failing to notify insurers and in controlling litigation justifies piercing the corporate veil for costs liability

Ratio Decidendi

There was such a close identity between Mr Phillips and the company, and Mr Phillips controlled and benefited from the litigation, that it was just to make a third party costs order against him personally. His deliberate failure to notify insurers and the manner in which he conducted the litigation through the company justified piercing the corporate veil for costs liability.

Court Disposition

appeal dismissed

Orders

  • Third party costs order against Mr Alan Phillips personally upheld
  • Appellant to bear costs of appeal