A trustee company with nominal paid-up capital ($3) conducting litigation as trustee of a discretionary family trust is prima facie a 'man of straw' for the purposes of non-party costs orders under Knight v FP Special Assets Ltd. A director who is also a beneficiary of the trust and the motivating force behind the litigation has a sufficient interest in the fruits of the litigation to justify a non-party costs order. In the context of IT outsourcing tenders, the provision of historical help desk call data for a defined period does not carry an implied representation that the data is a 'representative sample' sufficient for costing purposes, particularly where the data purports to be a full record of the period rather than a sample.
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