A company director who is properly joined as a party to proceedings and whose personal conduct made the proceedings necessary cannot avoid a costs order (including indemnity costs) by asserting that he acted at all times in his capacity as director of the defendant company. Filing a submitting appearance does not necessarily insulate a party from costs where that party's conduct made the proceedings necessary and the submitting appearance was filed or served late. The costs inquiry has a wider purview than the joinder inquiry and takes into account the contextual circumstances of the litigation and the conduct of the parties.
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