Bibby Factors (Sussex) Ltd v Rehman & Ors [2002] EWCA Civ 760 (13 May 2002)

Bibby Factors (Sussex) Ltd v Rehman & Ors [2002] EWCA Civ 760 (13 May 2002)

The costs of the abortive application should follow the event and be paid by the applicant, as there is no justification for postponing the resolution of the costs issue until the hearing of the appeal.

Citation
[2002] EWCA Civ 760
Parties
Claimant/respondent: Bibby Factors (Sussex) Limited; Defendant/applicant: Sabur Rehman; Defendant/applicant: Christopher Kosowski; Defendant/applicant: Anjum Latif Khan; Defendant/applicant: Damson Hill PLC; Defendant/applicant: Daisyhurst Ltd
Jurisdiction
England and Wales
Judgment Date
13 May 2002
Procedural Posture
Appeal / Application for Costs Following Abortive Stay Application
Outcome
Applicant ordered to pay claimant's costs of the abortive application.
Legal Topics
Committal Orders, Costs, Stay of Execution, Medical Examination
Civil Procedure Contempt of Court Committal Orders Costs Stay of Execution Medical Examination

Case Brief

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Parties

Bibby Factors (Sussex) Limited

Claimant/respondent

Sabur Rehman

Defendant/applicant

Christopher Kosowski

Defendant/applicant

Anjum Latif Khan

Defendant/applicant

Damson Hill PLC

Defendant/applicant

Daisyhurst Ltd

Defendant/applicant

Procedural Posture

Appeal / Application for Costs Following Abortive Stay Application

Legal Issues

  1. 1 Whether costs of an abortive application for stay should be awarded immediately or reserved to appeal
  2. 2 Whether the terms of the committal order allowed flexibility for medical examination
  3. 3 Whether tactical motives justify postponing costs order

Ratio Decidendi

The costs of the abortive application should follow the event and be paid by the applicant, as there is no justification for postponing the resolution of the costs issue until the hearing of the appeal.

Court Disposition

Applicant ordered to pay claimant's costs of the abortive application.

Orders

  • Costs summarily assessed in the sum of £4,123.50, payable within 14 days.