Q&As

Do I have to pay a third party intervener's costs if I withdraw an application by consent to utilise funds within the scope of a freezing order which has been objected to be the intervener?

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Published on LexisPSL on 25/10/2017

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Do I have to pay a third party intervener's costs if I withdraw an application by consent to utilise funds within the scope of a freezing order which has been objected to be the intervener?

In answering this Q&A we have assumed that this is a civil action and the issue arises due to a freezing injunction having been ordered. We also assume that the third party became an intervener in the proceedings.

An intervener is a third party to proceedings and depending on the wording of the freezing injunction they may be able to apply for a variation or discharge of the injunction itself or they may oppose any application to vary the injunction.

Where a third party has successfully intervened in the action, its reasonable costs will generally be ordered to be paid by the party which obtained the freezing order. This was set out in Project Development Co Ltd v KMK Securities Ltd where it was held that such costs would be assessed on the solicitor and own client basis, ie an indemnity basis, with a special direction that the burden of establishing the reasonableness of both inc

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