Kirk Silo (Installations Limited v Mansfield Garage Doors Limited
| Case Outcome | Application successful |
| Respondent | Mansfield Garage Doors Limited |
| Administrative Decision Number | 10399291,O/012/20 |
| Date | 09 January 2020 |
| Registration Number | 07712395 |
| Court | Company Names Tribunal (EW) |
In the matter of application No. 1792 by Kirk Silo (Installations) Limited
For a change of company name of registration No. 10399291
1. In our decision contained in the Order issued on 6 November 2019 we found for the applicant and directed that Mansfield Garage Doors Limited change its name. We reserved our decision in respect of costs making the following comments:
“55) The applicant, having been successful, is entitled to a contribution towards its costs. Section 10 of the Tribunal’s Practice Direction sets out a scale of costs. The respondents requested a hearing by submitting a Form CNA4, together with the official fee of £100, but chose not to appear. The Tribunal was informed by the letter of 3 October 2019 (2 working days before the hearing), but the respondents failed to copy the letter to the other side. As a result, the applicant only became aware that the respondents would not be appearing on the morning of the hearing. Ms Bollard pointed out that it was the respondents who had requested to be heard and that if the applicant had known of their respondents’ non-attendance, it would not have been necessary to attend the hearing. Consequently, Ms Bollard requested that costs off the published scale be awarded in respect of preparation for, and attendance at, the hearing.
56) We accept this and agree with Ms Bollard when she requested costs based on the published scale except in respect of the costs associated with the hearing itself. Consequently, before we finalise the award of costs:
(i) the applicant is invited to provide a schedule of costs incurred in preparing for, and attending the hearing within 21 days of this decision;
(ii) if the respondents wish to make any submissions on this schedule, they must do so within a further 21 days.
57) We will then issue a supplementary decision on costs.”
2. On 8 November 2019, the applicant duly provided a letter setting out its costs associated with the hearing. These are:
- costs of the applicant’s solicitor - £525 [footnote 1]
- costs of Counsel - £1250 [footnote 2]
- costs of attendance by the applicant’s director - £341.50
3. The respondents did not avail themselves of the opportunity to provide written submissions on the issue. We comment, in turn, on each of the costs claimed.
4. In respect of costs of the applicant’s solicitor, the time ledger provided covers chargeable actions between 29 August 2019 (the date in which the Tribunal notified the parties...
To continue reading
Request your trial