Boyd & Hutchinson (a firm) v Foenander [2003] EWCA Civ 1516 (23 October 2003)

Boyd & Hutchinson (a firm) v Foenander [2003] EWCA Civ 1516 (23 October 2003)

The compromise agreement of 22 November 1999, properly construed in its context, did not include the separate taxed costs of £5,333.57, which were not secured by the charging order. The appellant, being bankrupt and without the trustee's intervention, had no standing to pursue the appeal. The appeal had no prospect of success and was dismissed.

Citation
[2003] EWCA Civ 1516
Parties
Claimant/respondent: Boyd & Hutchinson (A Firm); Defendant/appellant: Johan Michael Richard Foenander
Jurisdiction
England and Wales
Judgment Date
23 October 2003
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Compromise Agreements, Interpretation of Contracts, Standing of Bankrupts, Enforcement of Costs Orders
Civil Procedure Bankruptcy Contract Compromise Agreements Interpretation of Contracts Standing of Bankrupts Enforcement of Costs Orders

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Parties

Boyd & Hutchinson (A Firm)

Claimant/respondent

Johan Michael Richard Foenander

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the appellant's liability to pay taxed costs was discharged by a compromise agreement dated 22 November 1999
  2. 2 Whether the compromise agreement included all outstanding liabilities, including costs not secured by the charging order

Ratio Decidendi

The compromise agreement of 22 November 1999, properly construed in its context, did not include the separate taxed costs of £5,333.57, which were not secured by the charging order. The appellant, being bankrupt and without the trustee's intervention, had no standing to pursue the appeal. The appeal had no prospect of success and was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs on an indemnity basis
  • Application for permission to appeal to the House of Lords refused