Sayers v Clarke Walker (A Firm) [2002] EWCA Civ 1110 (10 July 2002)

Sayers v Clarke Walker (A Firm) [2002] EWCA Civ 1110 (10 July 2002)

Defendants are to pay three quarters of the claimant's costs, reduced due to their partial success on the extension of time, but increased due to their procedural failures and the necessity for the claimant to incur costs to correct the record. Proportionality of costs to be determined by the Costs Judge.

Citation
[2002] EWCA Civ 1110
Parties
Claimant/respondent: Michael Patrick Sayers; Defendants/applicant: Clarke Walker (A Firm)
Jurisdiction
England and Wales
Judgment Date
10 July 2002
Procedural Posture
Appeal (costs Application) / Post Judgment, Costs Determination
Outcome
Application refused. Claimants to get costs of this application.
Legal Topics
Costs, Extension of Time, Permission to Appeal, Proportionality of Costs
Civil Procedure Costs Extension of Time Permission to Appeal Proportionality of Costs

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Parties

Michael Patrick Sayers

Claimant/respondent

Clarke Walker (A Firm)

Defendants/applicant

Procedural Posture

Appeal (costs Application) / Post Judgment, Costs Determination

Legal Issues

  1. 1 Appropriate allocation of costs following applications for extension of time and permission to appeal
  2. 2 Proportionality of costs incurred by parties in ancillary proceedings

Ratio Decidendi

Defendants are to pay three quarters of the claimant's costs, reduced due to their partial success on the extension of time, but increased due to their procedural failures and the necessity for the claimant to incur costs to correct the record. Proportionality of costs to be determined by the Costs Judge.

Court Disposition

Application refused. Claimants to get costs of this application.

Orders

  • Defendants to pay three quarters of the claimant's costs, subject to assessment by the Costs Judge.
  • Claimant not allowed any costs following the first judgment.