Noble v Commissioner Of Police For Metropolis [2004] EWCA Civ 1195 (25 May 2004)

Noble v Commissioner Of Police For Metropolis [2004] EWCA Civ 1195 (25 May 2004)

The appeal was refused because the costs order was correct as the adjournment was not the defendant's fault, and any grievance regarding solicitors' conduct should be pursued separately. There was no real prospect of success in the appeal and no legitimate reason for delay.

Citation
[2004] EWCA Civ 1195
Parties
Claimant/applicant: Rasaki Noble; Defendant/respondent: Commissioner of Police for the Metropolis
Jurisdiction
England and Wales
Judgment Date
25 May 2004
Procedural Posture
Civil Appeal / Application for Permission to Appeal to the Court of Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Costs, Adjournment, Assisted Person, False Imprisonment, Assault, Case Management
Civil Procedure Tort Costs Adjournment Assisted Person False Imprisonment Assault Case Management

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Parties

Rasaki Noble

Claimant/applicant

Commissioner of Police for the Metropolis

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal to the Court of Appeal

Legal Issues

  1. 1 Whether the claimant should be liable for costs of adjournment when the adjournment was caused by his solicitors' conduct
  2. 2 Whether permission to appeal the costs order should be granted out of time

Ratio Decidendi

The appeal was refused because the costs order was correct as the adjournment was not the defendant's fault, and any grievance regarding solicitors' conduct should be pursued separately. There was no real prospect of success in the appeal and no legitimate reason for delay.

Court Disposition

Application for permission to appeal refused

Orders

  • Permission to appeal refused
  • Claimant to pay defendant's costs of adjournment, enforceable only by set-off against any damages awarded