Preston v Beaumont [2022] EWHC 440 (Ch) (01 March 2022)

Preston v Beaumont [2022] EWHC 440 (Ch) (01 March 2022)

The court has no jurisdiction to grant costs where the application was not made within the mandatory deadline set by PD 40E paragraph 4.4, and no relief from sanctions was sought. The court also has no jurisdiction to extend the time for filing an appellant's notice after judgment is handed down; only the Court of Appeal can grant such an extension.

Citation
[2022] EWHC 440 (Ch)
Parties
Appellant and Debtor: Darryl Preston; Petitioner and First Respondent: Jack Charles Beaumont; Second Respondent: The Official Receiver
Jurisdiction
England and Wales
Judgment Date
01 March 2022
Procedural Posture
Appeal / Post Judgment Consequential Matters
Outcome
Appeal dismissed
Legal Topics
Costs, Extension of Time for Appeal, Jurisdiction, Relief From Sanctions
Civil Procedure Costs Extension of Time for Appeal Jurisdiction Relief From Sanctions

Case Brief

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Parties

Darryl Preston

Appellant and Debtor

Jack Charles Beaumont

Petitioner and First Respondent

The Official Receiver

Second Respondent

Procedural Posture

Appeal / Post Judgment Consequential Matters

Legal Issues

  1. 1 Whether the First Respondent can apply for costs after the deadline set by PD 40E paragraph 4.4
  2. 2 Whether the court has jurisdiction to extend time for filing an appellant's notice after judgment is handed down

Ratio Decidendi

The court has no jurisdiction to grant costs where the application was not made within the mandatory deadline set by PD 40E paragraph 4.4, and no relief from sanctions was sought. The court also has no jurisdiction to extend the time for filing an appellant's notice after judgment is handed down; only the Court of Appeal can grant such an extension.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed
  • There is no order as to costs