PR Records Ltd v Vinyl 2000 & Ors

Mr Owlett controlled and funded the defence and counterclaim in the PR action, stood to benefit personally, and caused PR to incur costs; all established principles point to making a non-party costs order against him as just and proper.

Parties: Claimant: PR Records Limited; Defendant: Vinyl 2000; Defendant: Mrs Susan Owlett; Non Party Respondent: Mr Adrian Owlett
Jurisdiction: England and Wales
Judgment Date: 15 January 2008
Procedural Posture: Application for Non Party Costs Order / Judgment on Application
Outcome: Application granted; non-party costs order made against Mr Adrian Owlett.
Legal Topics: Non Party Costs Orders, Director Liability, Funding Litigation, Discretionary Costs, Causation, Family Funding

Civil Procedure Company Law Non Party Costs Orders Director Liability Funding Litigation Discretionary Costs Causation Family Funding

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Parties

PR Records Limited

Claimant

Vinyl 2000

Defendant

Mrs Susan Owlett

Defendant

Mr Adrian Owlett

Non Party Respondent

Procedural Posture

Application for Non Party Costs Order / Judgment on Application

Legal Issues

1 Should a non-party costs order be made against Mr Adrian Owlett under CPR Rule 48.2?
2 Did Mr Owlett control, fund, and benefit from the litigation?
3 Was causation established between Mr Owlett's funding and PR's costs?

Ratio Decidendi

Court Disposition

Application granted; non-party costs order made against Mr Adrian Owlett.

Orders

Mr Adrian Owlett to be jointly and severally liable for the costs of PR Records Limited in the PR action.