Ward and Others v. Sabherwal and Others T/A Nath Bros. [2000] NIQB 54 (13th November, 2000)

Ward and Others v. Sabherwal and Others T/A Nath Bros. [2000] NIQB 54 (13th November, 2000)

It is not appropriate to order the Commission to pay costs for the County Court proceedings due to its statutory role, lack of contractual obligation, and public policy, but it is appropriate to order the Commission to pay the costs of the appeal because it instructed the lodging of appeals, causing unnecessary...

Source-derived case information.

Citation
[2000] NIQB 54
Parties
Plaintiff: Thomas Ward; Plaintiff: Ann Ward; Plaintiff: Rosaline Ward; Plaintiff: Margaret Ward; Defendant: Bimla Sabherwal; Defendant: Jagdish Sabherwal; Defendant: Pardeep Sabherwal; Defendant: Shanti Sabherwal; Defendant: Kanti Sabherwal t/a Nath Brothers, Fashion Wholesale and Retail
Jurisdiction
Northern Ireland
Procedural Posture
Civil Appeal / Post Appeal, Costs Determination
Outcome
Costs order against Commission for appeal only; County Court costs remain against plaintiffs.
Legal Topics
Racial Discrimination, Third Party Costs, Statutory Interpretation, Public Funding of Litigation
Discrimination Law Civil Procedure Racial Discrimination Third Party Costs Statutory Interpretation Public Funding of Litigation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Thomas Ward

Plaintiff

Ann Ward

Plaintiff

Rosaline Ward

Plaintiff

Margaret Ward

Plaintiff

Bimla Sabherwal

Defendant

Jagdish Sabherwal

Defendant

Pardeep Sabherwal

Defendant

Shanti Sabherwal

Defendant

Kanti Sabherwal t/a Nath Brothers, Fashion Wholesale and Retail

Defendant

Procedural Posture

Civil Appeal / Post Appeal, Costs Determination

Legal Issues

  1. 1 Whether the Commission for Racial Equality should be ordered to pay costs as a non-party funder
  2. 2 Whether the County Court and High Court have jurisdiction to order costs against a third party
  3. 3 Effect of ECHR Article 6 on costs orders

Ratio Decidendi

It is not appropriate to order the Commission to pay costs for the County Court proceedings due to its statutory role, lack of contractual obligation, and public policy, but it is appropriate to order the Commission to pay the costs of the appeal because it instructed the lodging of appeals, causing unnecessary expense to the defendants.

Court Disposition

Costs order against Commission for appeal only; County Court costs remain against plaintiffs.

Orders

  • Commission for Racial Equality to pay costs of the appeal, subject to taxation.
  • No costs order against Commission for County Court proceedings.