Hallam Estates Ltd & Anor v Baker [2014] EWCA Civ 661 (19 May 2014)

Hallam Estates Ltd & Anor v Baker [2014] EWCA Civ 661 (19 May 2014)

The costs judge was exercising case management discretion in granting an in-time extension of time, not granting relief from sanctions; the High Court judge erred in interfering with that discretion and in directing the issue of a default costs certificate.

Citation
[2014] EWCA Civ 661
Parties
Claimant/appellant: Hallam Estates Ltd; Claimant/appellant: Michael Stainer; Defendant/respondent: Teresa Baker
Jurisdiction
England and Wales
Judgment Date
19 May 2014
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Extension of Time, Relief From Sanctions, Detailed Assessment of Costs, Default Costs Certificate, Case Management Discretion
Civil Procedure Extension of Time Relief From Sanctions Detailed Assessment of Costs Default Costs Certificate Case Management Discretion

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Parties

Hallam Estates Ltd

Claimant/appellant

Michael Stainer

Claimant/appellant

Teresa Baker

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the costs judge was dealing with relief from sanctions or a case management extension of time
  2. 2 Whether the High Court judge erred in reversing the costs judge's decision
  3. 3 Whether the High Court judge erred in directing that a default costs certificate be issued

Ratio Decidendi

The costs judge was exercising case management discretion in granting an in-time extension of time, not granting relief from sanctions; the High Court judge erred in interfering with that discretion and in directing the issue of a default costs certificate.

Court Disposition

Appeal allowed

Orders

  • High Court order set aside
  • Costs judge's order reinstated