In a recent judgement, the Supreme Court has upheld a High Court order for costs against a director of a number of companies (theCompanies) which were involved in proceedings with First Active plc (First Active), despite the fact that the director was not a party to the proceedings.

The Court took the view that the director (Mr Cunningham), who also owned or controlled the Companies, had funded the proceedings and should be held accountable for the costs.

Background to the order for costs