Temple Garden Chambers is a leading common law set based in London and The Hague.
With excellence from top to bottom Chambers provides a first class service in a number of different fields.
Following detailed submissions and a reserved judgment, DDJ Linwood made a Non-Party Costs Order against a credit hire company with whom the Claimant had incurred hire charges of almost £25,000 that he sought to recover from the First Defendant. His claim was dismissed at trial, at which hearing the hire company were joined to the proceedings for costs purposes as Second Defendant.
The Judge found that the hire company were the real party to the litigation in that they funded it, controlled it and benefited from it. Analysing the business model, the Judge found that the particular hire company was an integral part of a group of companies that operated to maximise recovery (a group which included his firm of solicitors). This was the non-party gaining access to justice for its own purposes. The Claimant was contractually obliged to co-operate with the litigation and gave the companies control of the claim, which they had direct involvement in.
The Judge rejected the Claimant’s secondary argument that the First Defendant had not proven the level of additional costs that were identifiable as having been caused by the Second Defendant. Taking into account all of the factual matters before him, he assessed that 80% of the costs that the Claimant was ordered to pay to the First Defendant were attributable to the credit hire claim and, therefore, the actions of the Second Defendant.