You are here

(1) Total Spares & Supplies Ltd (2) Antares Ltd v Antares SRL (2) European Plumb Direct Ltd (3) Barclays Bank Plc (4) Francesco Gargani (5) Antares for Water and Fire Srl

It was just to make a third party costs order against a non-party whose actions were responsible for effectively depriving a claimant of any realistic opportunity of recovering its costs.

14 July 2006

The claimant company (L) applied for third party costs orders pursuant to s 51(3) of the Supreme Court Act 1981 to recover costs arising from an action brought by L and another for wrongful termination of a franchise agreement. L had been awarded 55 per cent of its costs against the defendant Italian franchisor (S). It had been unable to recover those costs as S had transferred its distribution and sales business to another company (F) just before the start of the trial. S had subsequently sold all its shares and merged its manufacturing and production business with another company (Z). The main shareholder and manager of S (G) had not informed L or the court of those matters until after they had taken place. By the time L applied for enforcement of the costs order against S, it had ceased trading and had been “cancelled”, the equivalent of being struck off the companies register in England and Wales. Although certain steps required by Italian law had not been taken, following r...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.