
Fund the fight, face the bill.
A family-owned business collapsed after a council contract was terminated and went into administration. Convinced the council was to blame, one brother persuaded the family to back litigation brought by the administrators.
The claim only existed because the family funded it, provided security for costs and exercised real control. It failed.
The Court has now gone further — finding the family had a direct financial stake in the outcome and ordering them (including sons acting as executors) to personally pick up the council’s outstanding costs.
Lesson: if you bankroll and steer litigation for your own benefit, in circumstances similar to these, don’t assume the company or administrators will carry the risk. The costs can follow you.
The full Judgment can be found here https://www.bailii.org/ew/cases/EWHC/TCC/2026/24.html
