NRAM Ltd v Evans & Anor (Order) [2020] EWCA Civ 1760 (21 December 2020)
The application for a stay was dismissed as totally without merit, CPR 52CPD.20 did not apply, and the general rule on costs applied. Summary assessment of costs was appropriate and costs were ordered to be paid by the unsuccessful party.
- Citation
- [2020] EWCA Civ 1760
- Parties
- Claimant/respondent: NRAM Limited; Defendant/appellant: Paul Evans; Defendant/appellant: Susannah Evans
- Jurisdiction
- England and Wales
- Judgment Date
- 21 December 2020
- Procedural Posture
- Civil Appeal / Post Judgment Application for Stay and Costs
- Outcome
- Application for stay dismissed; costs order made against appellants; summary assessment of costs granted.
- Legal Topics
- Application for Stay, Costs Order, Summary Assessment of Costs
Case Brief
Summary, issues, holding and outcome
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Parties
NRAM Limited
Claimant/respondent
Paul Evans
Defendant/appellant
Susannah Evans
Defendant/appellant
Procedural Posture
Civil Appeal / Post Judgment Application for Stay and Costs
Legal Issues
- 1 Whether the application for a stay should be granted
- 2 Whether costs should be awarded to the respondent
- 3 Whether costs should be summarily assessed
Ratio Decidendi
The application for a stay was dismissed as totally without merit, CPR 52CPD.20 did not apply, and the general rule on costs applied. Summary assessment of costs was appropriate and costs were ordered to be paid by the unsuccessful party.
Court Disposition
Application for stay dismissed; costs order made against appellants; summary assessment of costs granted.
Orders
- Application for stay dismissed as totally without merit
- Mr and Mrs Evans to pay NRAM's costs of the application
Full Case Text
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