J P Finnegan v Spiers (t/a Frank Spiers Licensed Conveyancers)

J P Finnegan v Spiers (t/a Frank Spiers Licensed Conveyancers)

Where a Part 36 offer is accepted within the relevant period and a deemed costs order arises under CPR 44.9(1), the court has no power under CPR 44.2(8) to order a payment on account of costs, as Part 36 is a complete code and does not provide for such a power.

Parties
Claimant/appellant: J P Finnegan; Defendant/respondent: Frank Spiers t/a Frank Spiers Licensed Conveyancers
Jurisdiction
England and Wales
Judgment Date
27 June 2018
Procedural Posture
Civil Appeal (costs) / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Costs, Part 36 Offers, Payments on Account, Deemed Costs Orders
Civil Procedure Costs Part 36 Offers Payments on Account Deemed Costs Orders

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Parties

J P Finnegan

Claimant/appellant

Frank Spiers t/a Frank Spiers Licensed Conveyancers

Defendant/respondent

Procedural Posture

Civil Appeal (costs) / Appeal Judgment

Legal Issues

  1. 1 Whether the court has power to order a payment on account of costs where a Part 36 offer has been accepted and a deemed costs order arises under CPR 44.9(1)

Ratio Decidendi

Where a Part 36 offer is accepted within the relevant period and a deemed costs order arises under CPR 44.9(1), the court has no power under CPR 44.2(8) to order a payment on account of costs, as Part 36 is a complete code and does not provide for such a power.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no order for payment on account of costs