Leeds v AdMatch [2011] JCA 110 (09 June 2011)

Leeds v AdMatch [2011] JCA 110 (09 June 2011)

Mr Weston, as director, promoted and funded the defence for his own benefit, not for the company or its shareholders/creditors, and is personally liable for costs. No special or unusual feature justifies indemnity costs.

Citation
[2011] JCA 110
Parties
First Respondent/first Plaintiff: Leeds United Association Football Club Limited; Second Respondent/second Plaintiff: Leeds United Football Club Ltd (formerly Leeds United 2007 Limited); Applicant/defendant: The Phone-In Trading Post Limited t/a Admatch
Jurisdiction
Jersey
Judgment Date
09 June 2011
Procedural Posture
Costs Decision Following Refusal of Leave to Appeal / Post Application for Leave to Appeal
Outcome
Costs order against Mr Weston personally; no costs order against Mrs Weston; indemnity costs refused.
Legal Topics
Costs Orders Against Non Parties, Indemnity Costs, Director Liability for Costs
Civil Procedure Company Law Costs Orders Against Non Parties Indemnity Costs Director Liability for Costs

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Parties

Leeds United Association Football Club Limited

First Respondent/first Plaintiff

Leeds United Football Club Ltd (formerly Leeds United 2007 Limited)

Second Respondent/second Plaintiff

The Phone-In Trading Post Limited t/a Admatch

Applicant/defendant

Procedural Posture

Costs Decision Following Refusal of Leave to Appeal / Post Application for Leave to Appeal

Legal Issues

  1. 1 Should costs be awarded against a non-party director?
  2. 2 Is there justification for indemnity costs against the director?

Ratio Decidendi

Mr Weston, as director, promoted and funded the defence for his own benefit, not for the company or its shareholders/creditors, and is personally liable for costs. No special or unusual feature justifies indemnity costs.

Court Disposition

Costs order against Mr Weston personally; no costs order against Mrs Weston; indemnity costs refused.

Orders

  • Mr Weston personally liable for costs of and incidental to the application for leave to appeal.
  • No costs order against Mrs Weston.