GlaxoSmithKline Export Ltd v UK (Aid) Ltd
| Jurisdiction | England & Wales |
| Judgment Date | 15 May 2003 |
| Neutral Citation | [2003] EWHC 1383 (Ch) |
| Date | 15 May 2003 |
| Court | Chancery Division |
CHANCERY DIVISION
Before Mr Justice Blackburne
Costs - ordinary principles need not apply
There could be exceptional circumstances in which the ordinary principle that costs followed the event, applicable to contested winding-up proceedings where the petitioner was unsuccessful, did not apply.
Mr Justice Blackburne so held in the Chancery Division on May 15, 2003, following the dismissal of a petition brought by GlaxoSmithKline Export Ltd to wind up the company, UK (Aid) Ltd, on the ground that the company had advanced a dispute of substance to the debt on which the petition was based.
The petitioner invited the judge to reserve the issue of the costs of the petition to the hearing of an application for summary judgment under Part 24 of the Civil Procedure Rules, which it intended to bring in order to establish its claims.
The basis for the application was that the petition was dismissed in reliance on assertions made by the company which could, in the Part 24 proceedings, be shown to be false.
MR JUSTICE BLACKBURNE said that it was common in contested winding-up proceedings for an issue of credibility to be raised and for the truth to be revealed only...
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